Writ petition challenging a recovery order of Rs. 1,97,144/- passed by the District Panchayat Raj Officer against an employee who could not reply due to pregnancy. Court sought counter affidavit and stayed enforcement of the order until further orders.
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Court No. - 4
Case :- WRIT - A No. - 7645 of 2024 Petitioner :- Roli Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development And 6 Others Counsel for Petitioner :- Aviral Singh,Ankit Kumar,Manoj Kumar Chaurasiya,Shobhit Mohan Shukla Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
"I. to issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 25.07.2024 passed by District Panchayat Raj Officer, Lakhimpur-Kheri as contained in Annexure No. 1 to the writ petition.
II. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to impugned order dated 25.07.2024 passed by District Panchayat Raj Officer, Lakhimpur-Kheri as contained in Annexure No. 1 to the writ petition.
III. to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to adjust the alleged amount of recovery of Rs. 1,97,144/- from the salary of the petitioner and to refund the amount already recovered from the salary of the petitioner."
explanation. Annexure no. 29 is an order dated 26.7.2024 passed by the District Panchayat Raj Officer, Lakhimpur Kheri, sanctioning the maternity leave of the petitioner for six months from 1.8.2024 to 27.1.2025.
[Rajesh Singh Chauhan, J.]
Order Date :- 10.9.2024/Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a recovery order passed without the petitioner's explanation and without determining the quantum of loss or her liability is valid.
Whether the recovery order should have been deferred given the petitioner's pregnancy and request for additional time.
Colour shows how this judgement treated each authority
Roli Dubey vs. State of U.P. & othersReferred¶10
WritA No. 725 of 2023 : Roli Dubey vs. State of U.P. & others
Writ-A No. 3497 of 2024Referred¶9
Roli Dubey
State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development
District Panchayat Raj Officer, Lakhimpur-Kheri
Rajesh Singh Chauhan
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
