HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14774 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Bijendra Kumar Mishra, learned counsel for petitioner and Ms. Anita Kushwaha, Advocate, holding brief of Sri Sanjay Kumar Om, learned counsel for respondent. 2. It is a very disturbing fact that despite very strict order was passed by this Court in Writ Petition bearing No.4386 of 2023 on 15.03.2023, that respondent will issue a show-cause notice and only on basis of its reply, order in regard to adjustment, if any, shall be passed. For reference, the relevant part of said order is reproduced hereinafter :- "In case, respondents believe that case of petitioner falls within the exception of Rafiq Masih case (supra) or that his salary was wrongly paid in excess and need for refixation for future payment is required, they may pass fresh order only after giving a notice and proper opportunity of hearing to petitioner. Such a notice may be given by respondents, if so required, to the petitioner within a period of six weeks from the date of production of certified copy of this order and the entire process shall also be completed within a further period of two months from the date of issuance of notice. In case such a notice is not issued to petitioner within six weeks, respondents shall also pay the amount already deducted from the petitioner under the impugned order. With the aforesaid, present writ petition is allowed. " 3. On basis of material available, no show-cause notice was issued and impugned order dated 20.09.2023 was passed, whereby an amount of Rs. 8.89 lac was directed to be recovered from the amount of gratuity of the petitioner. Versus Counsel for Petitioner(s) : Bijendra Kumar Mishra Counsel for Respondent(s) : C.S.C., Sanjay Kumar Om Deep Narayan Tripathi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Learned counsel for respondent refers a purported show-cause notice dated 30.12.2023, i.e. notice issued after the impugned order was passed, therefore, on the face of it, the impugned order does not survive and accordingly, it is set aside. 5. Since it is matter of financial irregularity, therefore, this writ petition is disposed of with the direction that petitioner will submit a fresh reply to the show-cause notice dated 30.12.2023 within the period of 3 weeks and respondent shall pass a reasoned decision, within three weeks, thereafter taking note of aforesaid observation made by this Court in the order dated 15.03.2023 as corrected by order dated 27.03.2023. 6. At the request of learned counsel for respondent, the Court is not imposing any cost despite above referred illegality was committed by the respondent. September 25, 2025 P. Pandey WRIA No. 14774 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad