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2025 DAILYLAW 110385 (ALL)

PARTH RAJ SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/19643/2024 · 2025-04-27

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65047 Court No. - 4 Case :- WRIT - A No. - 19643 of 2024 Petitioner :- Parth Raj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhananjai Rai,Vibhu Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Vibhu Rai, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondents. This Court on 3rd April, 2025 has passed the following order: "1. Learned Standing Counsel is to obtain instruction as to when the petitioner has been exonerated of the charges pursuant to the enquiry report as the same stood accepted by the authority concerned by passing order dated 30.05.2024 why the recovery amount may not be directed to be refunded to the petitioner. 2. List this case on 28.04.2025 immediately after fresh." Learned Additional Chief Standing Counsel has obtained instructions in the matter which is taken on record and a copy whereof has also been served upon learned counsel for the petitioner in the Court itself. As per the instructions charges could not be proved against the petitioner and hence he is entitled to get refund of the recovery already done in the matter of disciplinary proceedings pursuant to the order dated 3rd May, 2024. In view of the above and the stand taken by the learned Additional Chief Standing Counsel, the writ petition succeeds and is allowed. Recovered amount pursuant to the order dated 7th April, 2022 the order dated 7th April, 2022 is hereby quashed. Recovery already done from the petitioner to the tune of Rs.2,67,000/- is directed to be refunded to the petitioner forthwith. Since charges have not been proved against the petitioner as petitioner is wholly illegally saddled with liability of penalty by way of recovery, the said amount shall be refunded to the petitioner along with interest at the rate of 8%. Appropriate order shall be passed computing the interest and payment shall be made within a period of one month from the date of production of certified copy of this order. Order Date :- 28.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad