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2025 DAILYLAW 61383 (ALL)

SUB INSPECTOR CLERK HEMENDRA PAL SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/7160/2025 · 2025-05-20

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87469 Court No. - 4 Case :- WRIT - A No. - 7160 of 2025 Petitioner :- Sub Inspector Clerk Hemendra Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Umar Khan Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. By means of present petition filed under Article 226 the petitioner has prayed for quashing the impugned order dated 25.4.2025 passed by respondent no. 2 by which amount of Rs. 4,43,916/- was directed to be recovered from the petitioner. Learned counsel for the petitioner submits that petitioner was not in any manner responsible for making misrepresentation of pay fixation, nor ever persuaded to the authority to make any such pay fixation, which allegedly resulted in excess payment of salary. Learned Standing Counsel states against the order impugned, petitioner has an alternative efficacious remedy of appeal before appellate forum, if so advised. Learned counsel for the petitioner does not dispute the aforesaid. In view of above, instead of interfering with the order of punishment, petitioner is directed to prefer appeal before the appellate forum against the order impugned within a period of four weeks from today and in the event appeal is preferred, the same shall be considered and disposed of within a further period of two months after giving full opportunity of hearing to the petitioner as per procedure prescribed for under rules for disposal of appeal. Until such disposal of departmental appeal, recovery pursuant to the order impugned against the petitioner shall remain stayed. With the aforesaid observations and direction, this petition stands disposed of. Order Date :- 21.5.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad