Allowed

Hare Lal Yadav v. State of U.P. and 4 Others

Allahabad HC22 Jan 2021WRIA/729/2021

Case brief

AI extract

What is this about?

Writ petition filed to quash an order calling an explanation and stopping the petitioner's salary without a hearing. Court allowed the petition and directed the authority to accept an explanation, pass a reasoned order, and stay the salary stoppage.

What did the court decide?

Direction to petitioner to submit explanation within three weeks; authority to pass reasoned order within one month; salary stoppage stayed.

Hare Lal Yadav Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2021)

¶1

Court No. - 37

¶2

Case :- WRIT - A No. - 729 of 2021

¶3

Petitioner :- Hare Lal Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Sri Ramesh Chandra Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

¶6

Present writ petition has been filed for quashing the impugned order dated 18.12.2020 passed by respondent no.4-District Social Welfare Officer, Kushinagar, whereby explanation was called from the petitioner and till the verification of the matter, salary of the petitioner was stopped.

¶7

It is submitted by learned counsel for the petitioner that vide impugned order, explanation was called, but without affording any opportunity of hearing to the petitioner and without assigning any reason, salary of the petitioner was stopped. It is further submitted by learned counsel for the petitioner that the petitioner will file a representation before the authority concerned within three weeks from today.

¶8

Learned Standing Counsel submits that he has no objection in case direction is issued to concerned authority for final decision in the matter after holding enquiry.

¶9

No useful purpose would be served by keeping this writ petition pending or calling the counter affidavit.

¶10

Under these circumstances, present writ petition stands disposed of with a direction to the petitioner to submit his explanation within three weeks from today before the concerned authority. In case, any such explanation is submitted, the authority concerned shall pass reasoned and speaking order, in accordance with law, within a period of a month from the date of production of the date of production of certified/computerized copy of this order.

¶11

In the meantime, the impugned order stopping the salary of the petitioner shall remain stayed.

¶12

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶13

Order Date :- 22.1.2021 Noman

Hare Lal Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Hare Lal Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Sunita Yadav and Another Vs State of U.P. and 3 Others

Shamsun Nisha Vs State of U.P. and 4 Others

Smt.Anjali Rajput and Another Vs State of U.P. and 5 Others

Smt. Kiran Singh Vs State of U.P. and 4 Others

Kavita and Another Vs State of U.P. and 3 Others

Anita Devi and Another Vs State of U.P. and 3 Others