Ram Pratap Yadav vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 7109 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 2156 of 2023
 

 
Petitioner :- Ram Pratap Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Energy Deptt. U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Kshemendra Shukla
 
Counsel for Respondent :- C.S.C.,Alok Saran,Neerav Chitravanshi
 

 
Hon'ble Rajan Roy,J.

Heard Shri Kshemendra Shukla, learned counsel for the petitioner, learned Standing Counsel for the State, Shri Neerav Chitravanshi, learned counsel for the opposite party no. 2 and Shri Ashutosh Verma holding brief of Shri Alok Saran, learned counsel for the opposite parties no. 3 and 5.

Inspite of judgment dated 20.09.2022 passed in Writ - A No. 6179 of 2022 filed by the petitioner wherein this Court has ordered for disposal of the appeal, if it is in accordance with rules and within the limitation prescribed or is otherwise accompanied by an application for condonation of delay if so permissible and also that if there is an application for interim relief in the matter, the same should also be considered, neither the appeal has been decided till date nor the interim relief has been considered and any order passed thereon and, in the meantime, recovery is being made in pursuance to the punishment order dated 04.02.2022 from the salary of the petitioner every month.

On being confronted Shri Neerav Chitravanshi, learned counsel for the opposite party no. 2 submitted that Appeal is on the verge of the decision, however, on being asked as to why the order has not been complied as yet he submitted that he does not have instructions in the matter.

Be that as it may, it is apparently unjust to continue with the recovery without deciding the Appeal as was ordered by this Court, therefore, the opposite parties are restrained from making any further recovery from the salary of the petitioner till disposal of the Appeal.

As informed by Shri Neerav Chitravanshi, learned counsel for the opposite party no. 2 the Appeal is on the verge of being decided finally, let it be decided within a period of one month unless there is some impediment in this regard, in which case it should be recorded in the order sheet.

With the aforesaid observations/directions, the writ petition is disposed of.

.

(Rajan Roy,J.)

Order Date :- 3.3.2023

R.K.P.