Partly allowed

Rajesh Kumar Verma v. U.P. State Warehousing Corporation, Lko. Thru.Its Managing Director and 2 Others

Allahabad HC31 May 2023/4064/2023

Case brief

AI extract

What is this about?

The Court quashed an order punishing the petitioner and directing recovery, finding a prima facie violation of natural justice due to lack of evidence consideration. The matter is remanded for a fresh inquiry from the stage of the petitioner's reply, with the recovered amount to be refunded.

What did the court decide?

Impugned order quashed; matter remanded for fresh inquiry with refund of recovered amount.

Rajesh Kumar Verma Vs U.P. State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:39710

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Court No. - 17

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Case :- WRIT - A No. - 4064 of 2023

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Petitioner :- Rajesh Kumar Verma Respondent :- U.P. State Warehousing Corporation, Lko. Thru.Its Managing Director And 2 Others Counsel for Petitioner :- Surya Prakash,Ashutosh Kumar Singh

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Counsel for Respondent :- Rakesh Kumar Chaudhary

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Hon'ble Pankaj Bhatia,J.

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1 . Heard learned counsel for the petitioner and Sri Sachin Upadhyay, who has filed Vakalatnama on behalf of the respondents. The Vakalatnama is taken on record.

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2 . Present petition has been filed challenging the order dated 01.07.2021 whereby the petitioner was punished and directions were issued for recovery of an amount of Rs.1,45,755.98 against the petitioner.

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3 . Contention of learned counsel for the petitioner is that the petitioner was served with a charge-sheet to which the petitioner gave a reply, however, the evidence as proposed to be relied upon in the charge-sheet has neither been discussed nor considered and thus, there was a clear violation of principles of natural justice as well as non-compliance of the statutory provisions.

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4 . I have perused the order impugned.

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5 . Prima-facie , there is no consideration of the evidence proposed to be relied upon in the inquiry held against the petitioner which has ultimately led to passing of the impugned order.

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6 . Learned counsel for the respondents argues that the statutory appeal is provided against the order dated 01.07.2021 which has not been preferred. In the alternative, he argues that the matter may be remanded for passing a fresh order, de novo , from the state, the petitioner had filed a reply to the charge-sheet.

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7 . Considering the first argument with regard to the alternative remedy of appeal, prima facie , the order is in violation of principle of natural justice, the relegating of the parties to the alternative remedy of appeal would not be proper in view of the

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law laid down in the case of Whirlpool Corporation vs Registrar of Trade Marks, Mumbai and others; (1998) 8 SCC 1 . However, the second argument of the Counsel for the respondent merits acceptance.

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8 . In view of the submissions made at the Bar, the impugned orders dated 01.07.2021 is quashed.

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9 . The matter is remanded for fresh inquiry before the respondents from the stage from where the petitioner has filed his reply to the charge-sheet.

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10 . The inquiry shall be concluded in accordance with law with all expedition and the petitioner will cooperate with the inquiry.

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11 . The amount recovered in terms of the impugned order shall be refunded to the petitioner, however, it be open to the respondents to pass fresh orders in accordance with law.

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12 . The petition is disposed off in above terms.

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Order Date :- 31.5.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Verma v. U.P. State Warehousing Corporation, Lko. Thru.Its Managing Director and 2 Others

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Verma v. U.P. State Warehousing Corporation, Lko. Thru.Its Managing Director and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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