The High Court disposed of the appeal as infructuous because a fresh show cause notice was issued for the recovery amount, rendering the impugned orders obsolete.
Appeal disposed as infructuous with liberty to respondent to proceed afresh.
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RSA No.2422 of 2006
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
RSA No.2422 of 2006
Date of Decision: 17.12.2008
Mukesh Kumar Sachdeva .....Appellant
Vs.
Sr.Supdt.Post Office, Faridabad and another
....Respondents
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
Present : Mr.Vikas Kumar, Advocate for the appellant. Mr.Namit Kumar, Advocate for respondent no.1. Mr.Ajay Chaudhary, DAG, Haryana for respondent no.2.
RAJIVE BHALLA, J (Oral)
The appellant challenges judgements and decrees dated 25.2.2004 and 27.9.2005, passed by the Civil Judge (Junior Division), Faridabad and the Additional District Judge, Faridabad, dismissing his suit and the appeal.
Admittedly, the appellant was proceeded against departmentally and dismissed from service. Thereafter, the department, without service of a show cause notice raised a demand of Rs.7,55,971/- for recovery of the loss caused to the department. As the appellant failed to pay the aforementioned amount, the matter was referred to the Collector for recovery as arrears of land revenue. The appellant, thereafter, filed a suit challenging the demand, as also the notice issued by the Collector. Both the trial Court, as also the first appellate Court rejected the appellant's
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RSA No.2422 of 2006
contention and dismissed his suit and appeal.
During the pendency of this appeal and as stated by counsel for respondent no.1, on instructions, a fresh notice dated 23.9.2008 has been issued to the appellant, requiring him to show cause as to why action be not initiated for recovery of Rs.7,55,971/- minus Rs.25,000/- already deposited, in accordance with law.
In view of the issuance of the fresh show cause notice, counsel for respondent no.1 states that the matter against the appellant would be decided afresh, after considering his reply, if any, received to the fresh show cause notice dated 23.9.2008.
I have heard learned counsel for the parties and considered the statement made by counsel for respondent no.1. In view of the issuance of a fresh show cause notice, the show cause notice and the orders impugned herein have been rendered infructuous. As a result, the appeal is disposed of as infructuous, with liberty to respondent no.1 to proceed in accordance with law, on the basis of the fresh show cause notice dated 23.9.2008.
(RAJIVE BHALLA) JUDGE
17.12.2008 GS
Mukesh Kumar Sachdeva
Sr.Supdt.Post Office, Faridabad
another
Rajive Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
