Shiv Prakash Mishra v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 3 Others
Limitation – Recovery from retired Gram Panchayat officer
Case brief
What is this about?
Writ-C No. 910 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Subhash Vidyarthi J., decided February 6, 2026. Challenge to recovery of Rs.1,54,493.00 ordered on 06.08.2024 by District Panchayat Raj Officer, Hardoi under Rules 256 and 257 of U.P. Panchayat Raj Rules 1947 pursuant to a 2012-13 audit objection; limitation plea under the third proviso to Rule 257(2) (four years from occurrence of loss; three years from ceasing to be officer/servant; petitioner retired 31.01.2019); State contended records surfaced only after retirement; court held proviso runs from occurrence, not knowledge, noted unexplained delay past three years since retirement, deferred detailed consideration, granted interim stay of the recovery order, and directed counter affidavit/rejoinder with connection to Writ-C No.12426 of 2025. Keywords: recovery, limitation, audit objection, Panchayat Raj Rules, retired officer, interim stay.