Dismissed

Subhash Chandra v. State of U.P. through Secretary Basic Education at Lucknow and 5 Others

Allahabad HC11 Dec 2024WRIA/19800/2024

Case brief

AI extract

What is this about?

Petitioner claimed arrears of salary for his deceased wife suspended for misconduct. Court found material facts concealed, restrained Basic Shiksha Adhikari from releasing further funds, and dismissed writ petition.

What did the court decide?

Petitioner directed to deposit Rs. 50,000 as costs; Basic Shiksha Adhikari restrained from releasing further amount.

Subhash Chandra vs State of U.P. through Secretary Basic Education at Lucknow and 5 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:198967

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Court No. - 6

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Case :- WRIT - A No. - 19800 of 2024

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Petitioner :- Subhash Chandra

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Respondent :- State Of U.P. Through Secretary Basic Education At Lucknow And 5 Others Counsel for Petitioner :- Akhilesh Kumar

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Counsel for Respondent :- Bhupesh Pratap Singh,C.S.C.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Akhilesh Kumar, learned counsel for the petitioner, Shri Bhupesh Pratap Singh, learned counsel for the respondent and learned Standing Counsel for the State.

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On 11.12.2024 the following order was passed:

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"The petitioner claims arrears of salary payable to his wife, who is no more.

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Let the Basic Shiksha Adhikari, Bijnor show cause in the matter by his affidavit within a week.

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Adjourned to 19.12.2024.

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To be taken up as fresh.

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The Registrar (Compliance) is directed to communicate this order to the Basic Shiksha Adhikari, Bijnor through the learned Chief Judicial Magistrate, Bijnor within 48 hours next."

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In compliance of the aforesaid order the Basic Shiksha Adhikar, Bijnor released a sum of Rs. 34,213/- in favour of the petitioner.

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Learned Standing Counsel now asserts that material facts were concealed before this Court at the time of order dated 11.12.2024 passed by this Court. The deceased wife of the

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petitioner was suspended on a number of occasions on account of departmental misconduct. She (the deceased employee) was not entitled to salary for the said period. The petitioner has concealed material facts before this Court for illegal gains. This tendency among litigants has to be strongly discouraged.

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On account of the aforesaid suppression loss has also accrued to the State exchequer in as much as some amount has been disbursed to the petitioner.

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Basic Shiksha Adhikar, Bijnor is restrained from releasing any further amount.

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The petitioner is directed to deposit Rs. 50,000/- as costs to be recovered by the District Magistrate, Bijnor as arrears of land revenue. Compliance affidavit to be filed by the District Magistrate, Bijnor in the office of Chief Judicial Magistrate, Bijnor.

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The writ petition is dismissed.

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The Chief Judicial Magistrate, Bijnor shall communicate the same to the learned Registrar General of this Court. The above proceedings shall be completed within a period of two months.

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A copy of this order to be sent to the District Magistrate for compliance by Shri Kunal Ravi Singh, learned Chief Standing Counsel as well as to the Registry.

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Order Date :- 19.12.2024/Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Subhash Chandra v. State of U.P. through Secretary Basic Education at Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

Subhash Chandra v. State of U.P. through Secretary Basic Education at Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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