Laxman Singh v. State of U.P. and Another

Court No. - 4

Case :- WRIT - A No. - 10310 of 2024

Petitioner :- Laxman Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Anil Pratap Singh Raghav Counsel for Respondent :- C.S.C.,Kirtika Singh

Hon'ble Ajit Kumar,J.

Heard Sri Anil Pratap Singh Raghav, learned counsel for the petitioner and Ms. Kirtika Singh, learned counsel for the contesting respondents.

The submission advanced by learned counsel for the petitioner is that petitioner having been placed under suspension vide order dated 5th April, 2023 was entitled to subsistence allowance in accordance with law.

It is submitted that in a criminal case in which he was convicted and sentenced, upon appeal being filed before this Court both the conviction and sentence orders have been stayed on 27th October, 2023 but despite that petitioner has been directed to refund the amount of substantive allowance and that too without giving any opportunity of hearing to the petitioner. Thus, the order dated 15th June, 2024 as well as suspension order dated 5th April, 2023, it is submitted, are untenable.

Meeting the arguments, learned counsel for the respondents submits that the departmental proceedings are still on and refund has been directed because petitioner was paid higher than what substantive allowance he was entitled to, however, she does not dispute that no opportunity of hearing was afforded to the petitioner before passing the order dated 15th June, 2024.