Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 57228 (ALL)

VASUDEV MAURYA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/19858/2022 · 2025-06-30

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:100886 Court No. - 4 Case :- WRIT - A No. - 19858 of 2022 Petitioner :- Vasudev Maurya And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Puneet Kumar Verma,Rajesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Puneet Kumar Verma, learned counsel for the petitioners and learned Standing Counsel for the State respondents. By means of this petition under Article 226 of the Constitution, petitioner has questioned the order of pay fixation and recovery issued on 2nd July, 2022, 5th July, 2022 and 24th August, 2022, copies whereof have been brought on record as Annexure - 1 to the writ petition. It is contended by learned counsel for the petitioner that at no point of time petitioner was served with any notice much less a show cause notice about the proposed action, nor even a copy of the order was supplied to him. Sufficient plea has been taken in paragraphs 10 and 20 to the writ petition. In reply to the above paragraphs, respondents have not denied in paragraphs 8 and 14 of the counter affidavit as there is no specific denial of opportunity of hearing. In such circumstances, therefore, since the order of re-fixation of pay scale of the petitioner and consequential recovery amounted to adverse civil consequences, the compliance of principle of natural justice was sine qua non. Accordingly, the orders directing for pay- fixation and recovery impugned in this petition dated 2nd July, 2022, 5th July, 2022 and 24th August, 2022 brought on record as Annexure- 1 to the writ petition are hereby quashed. The matter is remitted to the authority, namely respondent No.- 3 to decide afresh. Orders of recovery and the pleadings raised in the counter affidavit shall be taken as notice with reason by petitioner for offering his explanation in defence, which he shall do within a period of four weeks from today. Soon after receiving the explanation of the petitioner the authority shall be deciding the matter within a further period of two months. Order Date :- 1.7.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad