Manoj Kumar Saxena v. State of U.P. Thru. Addl. Chief Secy. Deptt. Food and Civil Supply Govt. Lko and 3 Others
Service – Gratuity
Case brief
What is this about?
Writ petition (WRIT - A No. 6988 of 2024; Neutral Citation 2024:AHC-LKO:84425), High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin, J., decided 17.12.2024. Petitioner Manoj Kumar Saxena challenged adjustment of Rs.6,55,750/- from his gratuity towards advances taken during service, effected without pre-decisional hearing; respondents conceded no hearing was accorded. Order dated 27.01.2007 quashed; show cause notice within three weeks and fresh order in accordance with law within four weeks of reply directed. Keywords: gratuity, adjustment of advances, natural justice, opportunity of hearing, show cause notice, fresh order, quashed.
What did the court decide?
Impugned order quashed; respondents to issue show cause notice within three weeks and pass a fresh order in accordance with law within four weeks of the petitioner submitting his reply to the show cause notice; writ petition disposed of with the aforesaid observations/directions.