Bhikham Singh v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and 2 Others

Court No. - 8 Case :- WRIT - A No. - 4879 of 2023 Petitioner :- Bhikham Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Rakesh Kumar Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.

¶2The present petition under Article 226 of the Constitution of India has been filed seeking quashing of the order dated 05.05.2023 (Annexure No.1 to this writ petition) passed by Superintendent of Police, District-Ambedkar Nagar, whereby it has been directed to recover the excess amount paid to the petitioner due to wrong fixation of his pay while giving him the benefit of ACPs.

¶3Learned Standing Counsel for the State-respondents on the basis of instructions fairly submits that no opportunity of hearing was given to the petitioner before the impugned order was passed. He also submits that the Finance Controller, Uttar Pradesh Police Headquarter, Signature Building, Shaheed Path, Lucknow noted that the excess amount is being paid in several Districts to the police personnel in connivance with the higher officials and therefore, a Committee has been constituted to look into the matter and the said Committee in its finding has found that the petitioner was illegally paid the excess amount.

¶4Be that as it may, since the impugned order has civil consequences, the petitioner ought to have been given an opportunity of hearing before the impugned order could have been passed.

¶5In view thereof, the present petition is allowed and the impugned order dated 05.05.2023 is set aside on the shortcoming of not providing an opportunity of hearing to the petitioner before passing the impugned order by the respondent No.3-Superintendent of Police, District-Ambedkar Nagar. The matter is remitted back to the file of the respondent No.3-Superintendent of Police, District-Ambedkar Nagar to given an opportunity of hearing to the petitioner and pass a fresh order in accordance with law. (Dinesh Kumar Singh, J.) Order Date :- 12.7.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench