Disposed

Zaheer Ahmad v. State of Up and 4 Others

Allahabad HC22 Aug 2024WRIA/12690/2024

Case brief

AI extract

What is this about?

In a service and employment dispute, the Allahabad High Court, disposing of a writ petition challenging a recovery order, permitted the petitioner to file an appeal before the competent Appellate Authority within ten days, directing the authority to decide within 30 days.

What did the court decide?

The petitioner is permitted to file an appeal before the Appellate Authority within ten days.

Zaheer Ahmad vs State of Up and 4 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154822

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Court No. - 7

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Case :- WRIT - A No. - 12690 of 2024

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Petitioner :- Zaheer Ahmad Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Digvijay Singh,Shashi Kant Shukla Counsel for Respondent :- C.S.C.,Yatindra

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 3 and Sri Yatindra, learned counsel for respondent Nos.2,4 & 5.

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The order dated 01.02.2024 passed by respondent No.5/Assistant Basic Education Officer, Bhaojpur, District Ghaziabad by which a direction was given to recover a sum of Rs.9,63,361.352/- from the petitioner.

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From perusal of the record, it is clear that the petitioner was suspended on 10.05.2022 passed by the respondent No.4/District Basic Education Officer, Ghaziabad and the aforesaid order was revoked on 27.09.2022 and while revocation of the aforesaid order, it is stated that separate proceedings will be initiated against the petitioner for recover of the food grain to the quantity of 291.093 quintal.

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It is argued by learned counsel for the petitioner that against the aforesaid order, an appeal has been preferred by the petitioner before the AD Basic, Meerut Division Meerut on 25.10.2022. It is argued that on the one hand, the respondents are not deciding the appeal filed by the petitioner and on the other hand, impugned order has been passed by the respondent No.5 to recover a of Rs.9,63,361.352/- from the petitioner.

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On the other hand, it is argued by Sri Yatindra, learned counsel for respondent Nos.2,4 & 5 that the appeal has been filed by the petitioner before the AD Basic Meerut Division Meerut who is not the competent authority to hear the appeal and the Chairman, Basic Shiksha Parishad U.P. Prayagraj is the competent authority to hear the appeal and pass appropriate orders in the matter.

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At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as withdrawn with liberty to file appeal before the competent authority.

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Learned counsel for the respondents have no objection.

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Heard learned counsel for the parties and perused the record.

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In the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to file appeal before the Appellate Authority within a period of ten days from today along with certified copy of this order. In case, the aforesaid appeal would be file within stipulated period, the Concerned Appellate Authority will decide the same within a period of 30 days from the date of filing of the appeal.

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Order Date :- 23.9.2024 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Zaheer Ahmad v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Zaheer Ahmad v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

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