An order granting a week time to the petitioner to file an amendment application regarding the assailability of a show-cause notice before the writ petition was finally decided.
Petitioner granted one week time to file amendment application to assail order dated 6.3.2024.
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Court No. - 4
Case :- WRIT - A No. - 8745 of 2024
Petitioner :- Gaya Prasad
Respondent :- State Of U.P. Thru. Addl. Secy. Deptt. Of Home Lko And 2 Others
Counsel for Petitioner :- Alok Kirti Mishra,Komal Kashyap,Rupa Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Alok Kirti Mishra, learned counsel for the petitioner and Sri R.P.S. Chauhan, learned Addl. C.S.C. for the State.
Sri Mishra has filed supplementary affidavit, same is taken on record.
By means of the aforesaid supplementary affidavit the learned counsel for the petitioner has filed the typed copy of the nomenclature of the parties which have been indicated in the affidavit of the writ petition.
By means of this petition the petitioner has assailed the show cause notice dated 20.6.2024 whereby a sum of Rs. 7,71,685 has been determined to be recovered from the petitioner in the name of excess payment. Though the petitioner is not in service but when any alleged excess payment was made to him no undertaking was received from him.
Learned counsel for the petitioner has enclosed one order dated 6.3.2024 passed by the S.P., Sultanpur along with the show cause notice to submit that on account of aforesaid order the recovery has been started.
Sri Mishra has further submitted that before making recovery at least the reply to the show cause notice which was filed by the petitioner should have been considered.
On being confronted as to why the petitioner has not assailed the order dated 6.3.2024 passed by the S.P., Sultanpur, learned counsel for the petitioner has requested that the petitioner may be given some reasonable time to file amendment application.
Let the amendment application be field within a week.
List on 21.10.2024 as fresh.
The matter may be taken up immediately after fresh cases.
In the meantime learned Addl. C.S.C. may seek complete instructions in the matter.
Order Date :- 3.10.2024 Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
Gaya Prasad
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
3 orders share this CNR
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