Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:15854 Court No. - 6 Case :- WRIT - A No. - 16915 of 2024 Petitioner :- Kushal Pal Singh Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Ramesh Chandra Tiwari Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Learned Standing Counsel has produced instruction dated 26.01.2025 and order dated 30.01.2025, which are taken on record. 2. Learned counsel for the petitioner is permitted to implead the Senior Treasury Officer, Muzaffar Nagar as respondent no.8 during the course of the day. 3. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 4. Case was heard on 03.01.2025 and the Court has passed the following order:-
"1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents. 2. Present petition has been filed seeking following relief:-
"a). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondents "
3. Learned counsel for the petitioner submitted that earlier order dated 09.11.2023 has been passed for recovery of Rs. 4,70,000/-. The petitioner challenge the said order by filing Writ A No. 497 of 2024 which was allowed on 25.01.2024 directing the respondent No. 4 to release the aforesaid amount in favour of petitioner. In compliance of order of this Court dated 25.01.2024, amount of Rs 4,70,000/- has been refunded to the petitioner. Now, the respondent No. 5 vide order 18.03.2024 has informed the petitioner that amount of Rs. 1,10,818/- has also been recovered from the his salary for the month of October, 2023. It is further submitted that order dated 18.03.2024 for recovery of amount of Rs. 1,10,818/- is bad in light of order of this Court dated 25.01.2024 in Writ A No. 497 of 2024. 4. Learned Standing Counsel prays for and is granted a week's time to seek instructions in the matter. 5. Put up on 10.01.2025 as fresh."
5. Pursuant to order dated 03.01.2025, learned Standing Counsel has produced order dated 30.01.2025 passed by respondent No. 4, by which direction has been issued to refund the amount of Rs. 1,10,818/- to petitioner with immediate effect. 6. Under such facts of the case, impugned order dated 18.03.2024 is hereby quashed. 7. Writ petition is allowed. 8. Direction is issued to Senior Treasury Officer, Muzaffar Nagar to ensure the payment of Rs.
1,10,818/- to petitioner maximum within a period of four weeks from the date of production of certified copy of this order. 9. In case, the deducted amount is not released within the aforesaid period, same shall carry simple interest @ 7% per annum from the date the amount became due till the date of its payment. Order Date :- 31.1.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad