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2025 DAILYLAW 85110 (ALL)

VIJAYPAL v. STATE OF U.P. AND 2 OTHERS

WRIA/11530/2025 · 2025-08-11

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136379 Court No. - 5 Case :- WRIT - A No. - 11530 of 2025 Petitioner :- Vijaypal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijendra Kumar Raj,Shriraman Pandey Counsel for Respondent :- C.S.C.,Vijay Vikram Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Raman Pandey, learned counsel for petitioner and Sri Kunal Shah, Advocate for Respondents-2 and 3. 2. Petitioner has suffered with three punishment orders of recovery passed on three independent inquiries. He has challenged one of the order dated 26.10.2016 and appellate order dated 09.05.2017 by filing Writ-A No. 3553 of 2017 which were admittedly quashed by this Court vide order dated 21.03.2024. 3. Learned counsel for petitioner is not able to dispute that still the remaining two orders, i.e., dated 04.03.2013 and 17.10.2016, whereby also punishment of recovery was imposed, were not challenged. 4. Learned counsel for petitioner, on basis of instruction, submits that subsequently State has pardoned petitioner and aforesaid orders have no legal force, whereas learned counsel for respondents has contrary instructions. 5. In the present case, petitioner has challenged impugned order dated 09.10.2024 whereby determination of retiral benefits were fixed, however, amount of recovery awarded in aforesaid two punishment orders were directed to be adjusted. 6. The Court finds that at this stage since basic orders of recovery dated 04.03.2013 and 17.10.2016 are not under challenge, therefore, impugned order cannot be interfered. The Court takes note of submission of learned counsel for petitioner that he has a document that State has pardoned aforesaid two punishment orders. 7. In aforesaid circumstances, the writ petition is disposed of with following observations/ directions: (i) Petitioner has liberty to place purported order passed by State Government that effect of above referred two punishment orders of recovery are ignored and in such event concerned respondent will take an appropriate decision. (ii) In case petitioner is advised, he will be at liberty to challenge aforesaid two punishment orders, however, aspect of delay may be taken note of. Order Date :- 12.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad