Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110596 Court No. - 32 Case :- WRIT - A No. - 2436 of 2025 Petitioner :- Niraj Kumar Awasthi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajan Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the audit objections dated 21.10.2024 and order dated 20.01.2025 passed by respondent nos. 4 and 3 respectively. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to recover the amount of Rs. 7,78,192/- from the petitioner. (iii) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to continue the payment of salary on the basis of ACP's granted in the light of government order dated 16.12.2013."
2. Sri Ramesh Upadhyay, learned Senior counsel assistant by Sri Rajan Upadhyay, learned counsel appearing on behalf of the petitioner after some length of argument informed the Court that without passing any order, the department started deducting the amount from the salary of the petitioner without taking the decision on the order dated 20.1.2025 in which it was mandated that after considering the audit report and other material available with the department regarding service of the petitioner, passed a fresh order. 3. Learned Standing Counsel appearing on behalf of the State- respondents submitted that and informed the Court that there are no orders passed at par deducting the amount from the salary of the petitioner in view of the audit report, which is in dispute herein and that fact has also not come in the counter affidavit filed by respondent no. 3. 4. Heard learned counsel for both the sides, perused the contents made in the writ petition as well as two documents which are impugned in the instant writ petition i.e. Annexure-1 enclosed collectively that audit report as well as order dated 20.1.2025. It is
clearly stated in the order dated 20.1.2025 that a fresh order shall be passed after taking into the objection of the petitioner on the audit report dated 21.10.2024. Therefore, it is directed that the concerned authority i.e. Regional Higher Educational Officer, Kanpur Region, Kanpur (Respondent no.
3) shall pass appropriate orders after taking objection from the petitioner on the audit report as well as after affording opportunity of hearing to the petitioner in accordance with law expeditiously, preferably, within a period of six week. Meanwhile, if any deduction are made from the salary of the petitioner shall be kept in abeyance till passing of the order afresh. 5. With the aforesaid observations/directions, the writ petition is
disposed of.
Order Date :- 10.7.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad