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2025 DAILYLAW 46396 (ALL)

VED PRAKASH SINGH v. STATE OF U.P. AND OTHERS

WRIA/53045/2012 · 2025-09-21

Saurabh Shyam Shamshery

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 53045 of 2012 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Sudhakar Srivastava, Advocate holding brief of Sri Jayanti Vikram Singh, learned counsel for petitioner and Sri Ved Byas Mishra, learned counsel for respondents. 2. During pendency of this writ petition, original petitioner died and his legal heirs were brought on record vide order dated 12.12.2022. 3. Original petitioner has approached this Court since he was awarded following punishment vide order dated 05.02.2010 :- "(१) श्री वेद प्रकाश िसह द्वारा गबन/अपहरण की गयी धनरािश रूपया-17940-00 मात्र रूपया सत्रह हजार नौ सौ चालीस मात्र की एक मुश्त वसूली िकये जाने के आदेश पािरत िकये जाते हैं। किथत धनरािश रू0- 17940.00 मात्र 15 िदन के भीतर जमा कराने की कायर्वाही की जाये। (२) श्री वेद प्रकाश िसह की दो वािषक वेतन वृिद्ध स्थायी रूप से रोकी जाती है। आगामी वािषक वेतनवृिद्ध देय न होने की िस्थित में वतर्मान में पा रहे मूल वेतन में से अिन्तम दो (२) स्तर नीचे के प्रक्रम पर अवनत िकया जाता है। अथार्त स्वीकृ त की गयी अिन्तम दो (२) वेतन वृिद्धयाँ कम करके मूल वेतन िदया जायेगा। (३) श्री वेदप्रकाश िसह को इस प्रकार की पुनरावृित्त भिवष्य में न करने हेतु सचेत िकया जाता है ।" 4. Learned counsel for petitioner by referring impugned orders submits that it was alleged that original petitioner sold 15.60 quintal of katran (scrap) and amount determined for it i.e. 17940/- was not based on any specific calculation. So far as second punishment is concerned that his two financial increments were stopped with cumulative effect as well as he was down-graded by 2 steps in terms of salary which has already been Versus Counsel for Petitioner(s) : Jayanti Vikram Singh, Rajesh Singh Counsel for Respondent(s) : Ved Byas Mishra Ved Prakash Singh .....Petitioner(s) State of U.P. and Others .....Respondent(s) executed and retiral benefits were accordingly calculated and was paid also. 5. Learned counsel for respondents submits that petitioner was aged about 53 years when this writ petition was filed in 2012, therefore, he attained age of superannuation in 2019 and, as referred above, later on he died in the year 2021. 6. In aforesaid circumstances, Court is of the view that legal heirs of original petitioner may be granted some reliefs, therefore, recovery of Rs. 17940/- is set aside. So far as other punishment is concerned, since charges were proved and its effect has already been executed , therefore, this writ petition is disposed of with an observation that respondents will return Rs. 17940/- to wife of original petitioner within six months. September 22, 2025 N. Sinha WRIA No. 53045 of 2012 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad