Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 200551 (ALL)

RAKESH SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS

/12064/2025 · 2025-10-13

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12064 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard counsel for petitioner and learned State counsel for opposite parties. 2. Petition has been filed challenging orders dated 21st September 2025 affecting recovery from salary of the petitioner to the tune of Rs. 8,24,965/- as well as punishment of censure entry. 3. Learned counsel for petitioner submits that earlier a show cause notice was issued to petitioner dated 27th March 2025 requiring him to reply to the allegation that he was instrumental in payment of excess amount to a a superannuated employee. 4. It is submitted that due to certain difficulties and owing to unavailability of records, petitioner was unable to submit his reply within stipulated time whereafter impugned order has been passed. It is therefore submitted that no effective opportunity of hearing was provided to petitioner. 5. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with submission that adequate time was granted to him to file his reply which he failed to avail himself of leaving the authority to no option but to pass impugned orders. 6. Upon consideration of submissions advanced by learned counsel for Versus Counsel for Petitioner(s) : Ram Charitra Pandey, Shashank Pandey Counsel for Respondent(s) : C.S.C. Rakesh Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) parties and perusal of material on record, it is evident and admitted that petitioner failed to submit a reply to the show cause notice dated 27th March, 2025 within stipulated time period. It is however also evident that impugned order has been passed merely on the ground that petitioner failed to submit his reply. There is no substantive satisfaction recorded by the authority concerned upon perusal of records that petitioner was actually instrumental in payment of excess emoluments to the superannuated employee. 7. In view of discussions made herein above, both the impugned orders dated 21 September 2025 are hereby quashed by issuance of writ in the nature of Certiorari. Petitioner is granted liberty to file a reply to the show cause notice within a period of 15 days from today. In case such a reply is submitted within the said time period by petitioner to the show cause notice, the concerned authority shall take the same into account and pass orders afresh with regard to the show cause notice. The said proceedings shall be concluded within a period of two months from the last date provided to petitioner to submit his reply. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. October 13, 2025 prabhat WRIA No. 12064 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench