Amit Kumar v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17649 of 2023 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- V.K. Agnihotri Counsel for Respondent :- C.S.C Hon'ble Vikas Budhwar,J. Heard Sri V.K. Agnihotri, learned counsel for the petitioner and Sri Saurabh Trivedi learned Standing Counsel, who appears for Respondent No/ 1. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent Nos. 2, 3 and 4. The case of the writ petitioner is that he is working as a junior assistant in the respondent's establishment and he has been allotted an official accommodation in which he is living past 15 years. As per the writ petitioner on the allegations of unauthorized use of electricity pursuant to an inspection conducted by the electricity officials on 25.09.2023 Rs. 10,000/- has been deducted from the salary of writ petitioner. Writ petitioner submits that he has not committed any such type of act warranting recovery. Prayer in the present petition is for a direction to quash the order dated 25.09.2023 passed by the fourth respondent. Learned counsel for the writ petitioner submits that the order in question is in violation of principles of natural justice as the writ petitioner was not put to notice. Learned Standing Counsel who appears for the State respondents submits be that as it may be since issues which have been raised by the writ petitioner needs determination by the fourth respondent thus the writ petitioner may approach his cause before the fourth respondent. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the fourth respondent, Adhisthata, Baba Saheb Br. Ambedkar, Krishi Abhiyantran Evam Prodhaugiki, Mahavidhyalay who shall on the receipt of the same, proceed to decide the claim of the petitioner strictly in accordance with law within a period of one month from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 3.11.2023 A. Prajapati High Court of Judicature at Allahabad