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2025 DAILYLAW 119840 (ALL)

RAM KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF CULTURE LKO. AND 11 OTHERS

WRIA/1072/2025 · 2025-02-20

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11029 Court No. - 5 Case :- WRIT - A No. - 1072 of 2025 Petitioner :- Ram Kumar Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Culture Lko. And 11 Others Counsel for Petitioner :- Dhruv Pratap Singh,Sabita Lahiri Counsel for Respondent :- C.S.C.,Santosh Kr. Yadav Warsi Hon'ble Abdul Moin,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondents No.1 to 3 and Shri Santosh Kr. Yadav Warsi, learned counsel appearing for respondents No.4 to 8. 3. No notice is being issued to respondent No.9 taking into consideration the nature of order proposed to be passed. 4. With the consent of the parties, the matter is being decided finally. 5. Under challenge is the order dated 18.01.2025, a copy of which is annexure-1 to the petition, passed by respondent No.6, whereby it has been indicated that an amount of Rs.4,49,567/- is outstanding due as an unadjusted amount against the petitioner and after making certain adjustments, it has been directed that outstanding amount as of date is Rs.3,49,567/- which has now been directed to be deducted from the salary of the petitioner @ Rs.20,000/- per month. 6. This Court vide order dated 28.01.2025 required Shri Santosh Kr. Yadav Warsi, learned counsel appearing for respondents No.4 to 8 to seek instructions as to on what basis the aforesaid order has been passed. 7. Today, Santosh Kr. Yadav Warsi, learned counsel on the basis of instructions sent by respondent No.4 states that despite the petitioner having been called upon to submit the documents pertaining to the outstanding amount against her, she failed to submit the documents, consequently the aforesaid order has been passed. 8. Responding to that learned counsel for the petitioner states that in the supplementary affidavit filed today, there are various documents per which the amounts as are now shown to be outstanding against the petitioner have already been adjusted by the respondents themselves and thus, it is apparent that there is patent non application of mind on the part of the competent authority while passing the order impugned. 9. At this stage, Shri Santosh Kr. Yadav Warsi, learned counsel appearing for respondents No.4 to 8 states that it is now that the documents are being filed by the petitioner and as such the said documents can be examined by the respondents themselves. 10. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent No.4 to examine the documents as have been submitted by the petitioner along with the supplementary affidavit. In case the said documents as submitted by the petitioner indicate certain amount having been paid consequently the same would be adjusted from the amount which has been indicated to be now payable by the petitioner vide order impugned dated 18.01.2025. Let the aforesaid documents be examined and a speaking order in this regard be passed within a period of 4 weeks. 11. Till passing of a fresh order, no recovery shall be made from the petitioner in pursuance of the order impugned. Order Date :- 20.2.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench