Neutral Citation No. - 2025:AHC:39731 Court No. - 4 Case :- WRIT - A No. - 18652 of 2024 Petitioner :- Pramod Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Mr. Namit Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the orders dated 27/28.10.2024 and 30.10.2024 passed by respondent nos. 2 and 3 whereby a recovery by way of penalty has been imposed upon him for certain irregularities deducted in an enquiry conducted in the matter of development activities carried out by Gram Panchayat of village concerned. 3. Learned counsel for the petitioner has raised an argument that while he was issued with show cause notice on 25th August, 2024, he submitted a detailed reply point wise referring to the enquiry report, however, none of the explanations offerred by him came to be considered, at all what to say about consideration in their correct prospective. From a perusal of the order impugned, I find that the reply that was submitted in detail by the petitioner on 12.09.2024 which also contained certain affidavits of the beneficiaries, have not been considered at all. There is no recital in the order impugned which could be suggestive of consideration of reply of the petitioner by the competent authority. The settled legal position is that when a person is issued with a show cause notice and he/she submits his/her reply to the show cause notice then such reply ought to be not only referred to but consideration thereof should be made while passing the order which has adverse civil consequence but I find that to be altogether lacking in the matter. 4. Learned Standing Counsel on a pointed query made, could not point out any recital to be there in the order which may be said to have accorded consideration to the reply made by the petitioner to show cause notice. 5, In such above view of the matter,, the order imposing penalty by way of recovery upon the petitioner dated 27/28.10.2024 and 30.10.2024 cannot be sustained in law, the same are hereby quashed. 6. The petition stands allowed. 7. However, it will remain open for the respondents to a pass fresh order after according due consideration to the reply submitted by the petitioner to the show cause notice, but in accordance with law. Order Date :- 19.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad