This order lists a writ petition for summary relief of refund of excess amount recovered after retirement. The court directed filing of counter affidavit and set a fresh hearing date.
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Court No. - 4
Case :- WRIT - A No. - 8180 of 2024
Petitioner :- Dhurandher Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Rakesh Kumar Singh, learned counsel for the petitioner and Sri R.P.S. Chauhan, learned Additional Chief Standing Counsel for the State.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned orders dated 26.08.2023 and 03.07.2024 passed by the opposite party No.3, as contained in Annexure Nos.1 & 2 to the writ petition, and the order dated 21.03.2024 passed by the opposite party No.2, after summoning the same.
(ii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party Nos.2 and 3 to refund the recovered amount of Rs.4,66,158/- to the petitioner, forthwith along with the interest."
3. Sri Rakesh Kumar Singh has stated that the petitioner retired from the post of Sub-Inspector on 30.06.2024 and the impugned recovery has been executed after his retirement on 03.07.2024 in the name of excess amount being paid to the petitioner when he was in service.
4. Sri Rakesh Kumar Singh has stated that one show cause notice dated 17.06.2023 was given to the petitioner. He has further submitted that no excess amount has been paid to the petitioner when he was in service and no undertaking was received from him to the effect that if any excess amount is paid, the same may be recovered from him.
5. Sri Rakesh Kumar Singh has further submitted that such undertaking may be received at the time of making excess payment, therefore, on the basis of show cause notice dated 17.06.2023, it may not be presumed that the petitioner was intimated about the excess amount. After the show cause notice dated 17.06.2023 the petitioner remained in service for more than one year but no recovery has been executed from the
petitioner and the same has been executed after his retirement.
6. The matte requires consideration.
7. Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
8. List this case in the week commencing 21.10.2024 as fresh. On that date, this case may be taken up immediately after fresh cases.
[Rajesh Singh Chauhan,J.]
Order Date :- 20.9.2024 Suresh/
Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench
Dhurandher Tiwari
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
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