Rajendra Prasad v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko. and 2 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Neutral Citation 2024:AHC-LKO:2048), WRIT - A No. 106 of 2024, decided 09.01.2024 by Manish Kumar, J. Petitioner Rajendra Prasad challenged recovery order dated 05.08.2023 passed by respondent no. 3, SSP Saharanpur, directing recovery from service emoluments for alleged incorrect pay fixation; benefits had been granted in 2006 and recovery sought in 2023 without notice or hearing. Court quashed the impugned orders by certiorari, holding recovery was sought without show cause notice or hearing, granted liberty to pass fresh orders only after hearing and considering the reply, and directed the authority to consider whether recovery is permissible in light of State of Punjab v. Rafiq Masih (2015) 4 SCC 334; counsel had also relied on Writ A No. 8057 of 2023 (Ravendra Pal Singh v. State of U.P.), undisputed by the State. Petition allowed at admission stage; parties to bear own costs.