Allowed

Anand Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Dairy Development Lko. and 4 Others

Allahabad HC27 Feb 2024/362/2024

Case brief

AI extract

What is this about?

The Court quashed recovery orders issued from the petitioner's salary without prior show cause notice or hearing, holding such action violated principles of natural justice under Article 14. The petitioner was granted liberty to have fresh orders passed after affording a proper hearing.

What did the court decide?

Quashed recovery orders dated 31.03.2023 and 29.08.2022; liberty to pass fresh orders after affording opportunity of hearing.

Anand Kumar Singh Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17771

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Court No. - 17

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Case :- WRIT - A No. - 362 of 2024

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Petitioner :- Anand Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Dairy Development Lko. And 4 Others Counsel for Petitioner :- Anil Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 4 and Mr. Lalit Shukla, learned counsel for opposite parties 2, 3 & 5 whose power filed today is taken on record.

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Petition has been filed challenging order dated 31.03.2023 whereby an amount of Rs.2,03,037/- has been directed to be recovered from salary of petitioner. Also under challenge is order dated 29.08.2022 whereby recovery of Rs.70,000/- has been ordered.

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It has been submitted that a perusal of impugned orders themselves make it apparent that prior to issuance of orders of recovery against petitioner, neither any opportunity of hearing nor any show cause notice has been issued to him, which is clearly in violation of principles of natural justice since petitioner has been visited with civil consequences.

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Learned counsel appearing on behalf of opposite parties although have refuted the submissions advanced by learned counsel for petitioner but submits that an opportunity of hearing can be provided to petitioner in terms of prayer no.(iii) which has been made seeking a direction to opposite parties to decide petitioner's representation.

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In view of submissions advanced by learned counsel for the parties and perusal of material on record, particularly the

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impugned orders, it is quite evident that there is no narration in the impugned order of any notice having been issued to petitioner prior to their passing or even opportunity of hearing having been offered to petitioner. The orders therefore are not in consonance with the principles of natural justice.

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Consequently, the impugned orders dated 31.03.2023 and 29.08.2022 are hereby quashed by issuance of a writ in nature of Certiorari granting liberty to opposite parties to pass fresh orders but only after affording opportunity of hearing to petitioner and considering his reply.

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

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Order Date :- 27.2.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Anand Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Dairy Development Lko. and 4 Others

Case brief

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Anand Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Dairy Development Lko. and 4 Others

Case brief

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What did the court decide?

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