Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87036 Court No. - 4 Case :- WRIT - A No. - 7179 of 2025 Petitioner :- 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. Heard learned counsel for the parties and perused the records. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the impugned
order dated 26th April, 2025 passed by respondent No.- 2 by which amount of Rs. 4,17,941/- was directed to be recovered from the petitioner.
Learned counsel for the petitioner submits that petitioner was not in any manner responsible for a particular 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 that 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 an 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 dated 26th April, 2025 against the petitioner shall remain stayed. With the aforesaid observations and directions, this petition stands
disposed of.
Order Date :- 21.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad