Harihar Singh v. State of U.P. and 4 Other
Case brief
What is this about?
Surcharge recovery against Government employee alleged improper for absence of disciplinary proceedings; interim restraint imposed pending adjudication: recovery pursuant to impugned recovery orders dated 18th August, 2023 and 8th September, 2023 not to be effected without leave of the Court until further orders; respondent may initiate departmental proceedings; counter affidavit due in four weeks, rejoinder two weeks thereafter, hearing listed 5th August, 2025; single-judge interim order, Hon'ble Ajit Kumar, J.; WRIT - A No. - 7668 of 2025; High Court of Judicature at Allahabad; decision date 28.5.2025.
What did the court decide?
Interim order pending adjudication: four weeks' time granted to respondent (Learned Standing Counsel) to file counter affidavit, rejoinder affidavit if any within two weeks thereafter, matter listed for 5th August, 2025; interim measure imposed that until further orders recovery pursuant to the impugned recovery orders dated 18th August, 2023 and 8th September, 2023 shall not, if not already effected, be done without leave of the Court, while it remains open to the respondent to initiate departmental proceedings against the petitioner. The substantive issue (validity of surcharge recovery without disciplinary proceedings) was expressly deferred, the Court stating only that the matter requires consideration.