Sahaj Ram Pno No. 830880171 vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 26217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61861
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6595 of 2023
 

 
Petitioner :- Sahaj Ram Pno No. 830880171
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Shashank Pandey,Ram Charitra Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2.On 18.09.2023, the following order had been passed:

"1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed challenging orders dated 29.04.2023 and 03.04.2023 whereby deduction has been made from petitioner's pensionary benefits.

3. It has been submitted that impugned orders have been passed without affording any opportunity of hearing to petitioner.

4. Considering aforesaid, learned State counsel is granted a week's time to seek instructions and to bring on record impugned orders dated 25.10.2022 and 29.04.2023.

5. List this case on 25.09.2023, as fresh."

3. In pursuance thereof, learned State counsel has been provided written instructions dated 20.09.2023, a copy of which is taken on record.

4. It has been stated in the instructions that no notice was given to petitioner prior to issuance of impugned order.

5. Considering aforesaid, clearly impugned orders have been passed without affording opportunity of hearing to petitioner and therefor are clearly unsustainable.

6. The impugned orders dated 29.04.2023 and 03.04.2023 are therefore quashed by issuance of a writ in the nature of ceriorari granting liberty to opposite parties to pass fresh orders but only after issuing show cause to petitioner and considering his reply while affording opportunity of hearing to petitioner in the light of judgment rendered by Hon'ble the Supreme Court in the case of State of Punjab & Ors. versus Rafiq Masih (white Washer) & Ors. reported in (2015) 4 SCC 334.

7. Consequently, petition succeeds and is allowed. Parties to bear their own costs.

Order Date :- 25.9.2023

Subodh/-