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2025 DAILYLAW 112833 (ALL)

VISHWAJEET KUMAR SRIVASTAVA v. STATE OF U.P. AND 5 OTHERS

WRIA/20719/2024 · 2025-02-13

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21614 Court No. - 5 Case :- WRIT - A No. - 20719 of 2024 Petitioner :- Vishwajeet Kumar Srivastava Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Ravi Shankar Kanojiya Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Ajay Bhanot,J. Heard Shri Ganesh Shanker Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State- respondents No. 1 & 2 and Shri Vibhu Rai, learned counsel for the respondents No. 3 to 6. The impugned order directs recovery from the salary of the petitioner. The amount sought to be recovered is not disclosed in the impugned order. However, the recovery has already been initiated. Shri Vibhu Rai, learned counsel for the respondents No. 3 to 6 fairly submits that the amount which is sought to be recovered from the petitioner has not been quantified in the impugned order. The impugned order dated 08.08.2024 passed by the respondent No. 4 i.e. Additional Municipal Commissioner, Nagar Nigam, Gorakhpur is liable to be quashed and is quashed. The matter is remitted to the respondent no. 4 i.e. Additional Municipal Commissioner, Nagar Nigam, Gorakhpur for determination of exact amount which is sought to be recovered from the petitioner as per law after giving opportunity of hearing to the petitioner. The aforesaid exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above. Order Date :- 14.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad