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2025 DAILYLAW 90774 (ALL)

DR. BABU LAL ARYA v. STATE OF U.P. AND 3 OTHERS

WRIC/30355/2025 · 2025-09-16

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30355 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution wherein the writ petitioner has prayed for the following relief:- "(I) issue a writ, order or direction in the nature of certiorari quashing the demand notice dated 30.06.2025 issued by respondent No.4 against petitioner showing demand/recovery of Rs.6,00,000/- (Six Lac) to the petitioner. (II) issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action, pursuant to the demand notice dated 30.06.2025 issued by respondent No.4. ..." 3. Counsel appearing on behalf of the respondents is not able to indicate any proceeding that has been initiated against the petitioner wherein the present recovery of Rs.6 lacs has been fructified by the authorities. It is trite law that after a person retires from service, recovery of amount cannot be made without proceeding legally against the person in accordance with law. 4. In the present case, the authorities have not been able to indicate any proceeding that had been initiated against the petitioner before or after his Versus Counsel for Petitioner(s) : Lavlesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Rohit Pandey Dr. Babu Lal Arya .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) retirement. Accordingly, the demand notice dated June 30, 2025 is quashed and set aside. Furthermore, it appears that by an earlier order dated February 7, 2025 passed in Writ-A No.18018 of 2024, a Single Judge of this Court had directed the authorities to release the sum of Rs.6 lacs which had wrongly been deducted from the gratuity of the petitioner. Till date, the said amount has not been returned by the authorities. 5. Accordingly, the authorities are directed to act in accordance with law and ensure compliance of the order passed by the Single Judge of this Court dated February 7, 2025 within a period of six weeks from date. 6. With the above directions, the writ petition is disposed of. September 17, 2025 Rakesh WRIC No. 30355 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad