Neutral Citation No. - 2025:AHC-LKO:43797 Court No. - 5 Case :- WRIT - A No. - 8196 of 2025 Petitioner :- Raj Kishore Prasad Respondent :- U.P. State Food And Commodities Corporation Ltd. Its Managing Director Lko. And Another Counsel for Petitioner :- Rajesh Tiwari,Alok Kumar Shukla,Anand Sharma,Harpreet Singh Taneja,Vaibhav Shukla Counsel for Respondent :- Kaushlendra Tewari Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and Sri Kaushlendra Tewari, learned counsel appearing on behalf of the respondents. Under challenge is the notice dated 27.01.2025, a copy of which is annexure 1 to the writ petition whereby the petitioner has been given a notice to pay an amount of Rs. 1,38,00,000/- and odd. The notice is said to be (a) premeditated (b) predetermined & (c) there is no provision in which the notice could have been issued. On the other hand, Sri Kaushlendra Tewari, learned counsel appearing on behalf of the respondents points out that by means of an order dated 01.04.2024, a copy of which is annexure 2 to the writ petition, the petitioner had been dismissed from service and the aforesaid amount of recovery Rs. 1,38,00,000/- and odd was directed to be paid which upon not having been paid, the instant notice has been issued. Contention is that once the order dated 01.04.2024 still continues to subsist as of date and has neither been stayed nor set aside by any Court of law consequently, there is no error in the impugned notice being issued. The grounds (a) & (b) are found to be patently fallacious and misconceived more particularly when the notice has been issued in pursuance to the order dated 01.04.2024 which admittedly has neither been stayed nor set aside despite a writ petition having been filed against the same as such, this Court does not find any reason to interfere with the impugned notice. So far as the ground (c) is concerned that there is no provision in rules for issuance of notice, the same is also found to be patently misconceived more particularly when the dismissal order dated 01.04.2024 still continues to subsist and the respondents have merely called upon the petitioner to deposit the aforesaid amount. Accordingly, the writ petition is dismissed. Order Date :- 28.7.2025/Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench