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2025 DAILYLAW 48279 (ALL)

OMKAR SINGH v. STATE OF U.P. AND 4 ORS.

WRIA/5901/2015 · 2025-04-24

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63623 Court No. - 6 Case :- WRIT - A No. - 5901 of 2015 Petitioner :- Omkar Singh Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Dr. P.N. Srivastava,Pradeep Singh Counsel for Respondent :- C.S.C.,R.C. Singh Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition is pending since 2015. 2. Today, S/Sri Dr. P.N. Srivastava and Pradeep Singh, learned advocates for petitioner are not present. 3. Learned Standing Counsel submits that petitioner has challenged the impugned order dated 05.07.2014 passed by respondent-2 to the extent of deduction of amount of Rs. 13,509/- from him. 4. This Court has passed following interim order on 04.02.2015 :- "The contention of the petitioner is that he was suspended on 1.10.20014 pending inquiry. After inquiry report petitioner was reinstated and warning was given to comply the directions within time bound period. However salary of the petitioner from October 2008 to October 2009 has not been paid . It appears that on the basis of physical inspection report dated 4.7.2014 an amount of Rs. 13,509/- has been directed to be recovered from the petitioner. The submission is that the alleged report dated 4.7.2014 has not been served upon the petitioner. Petitioner has retired on 30.6.2012. The petitioner was not given notice or opportunity of hearing before passing the order impugned. Petitioner has made out prima facie case for grant of interim order. Shri R.C. Singh, learned counsel has put in appearance on behalf of respondent nos. 2,3 and 4. Learned Standing Counsel appears for respondent no.1. All the respondents may file counter affidavit within four weeks. Two weeks thereafter for filing rejoinder affidavit. List thereafter. Until further orders of this court, the effect and operation of the order dated 5.7.2014 passed by respondent no.2, Basic Shiksha Adhikari, District Bareilly shall remain stayed." 5. Till date, no counter affidavit has been filed, therefore, even in absence of learned advocates for petitioner, considering that an adverse report was not served upon the petitioner, therefore, above referred interim order is made absolute. 6. The Court also takes note that petitioner was aged about 64 years when this writ petition was filed in the year 2015 and now he must be aged about 74 years. 7. Considering overall circumstances, this writ petition is accordingly disposed of. Order Date :- 25.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad