Anoop Singh v. State of U.P. Thru. Prin.Secy. Panchayati Raj and 4 Others

Court No. - 20 Case :- WRIT - A No. - 7781 of 2023 Petitioner :- Anoop Singh Respondent :- State Of U.P. Thru. Prin.Secy. Panchayati Raj And 4 Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard Mr. O.P. Tiwari, learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 11.05.2021,

13.05.2021 and 25.06.2022 whereby recovery has been directed from emoluments of petitioner in pursuance of enquiry conducted in terms of a complaint with regard to infringement of provisions of U.P. Panchayat Raj Act, 1947.

¶3It is submitted that with regard to certain complaints, enquiry was instituted under Section 95 (1)(g) of the U.P. Panchayat Raj Act, 1947 and the Gram Pradhan was penalized with regard to aforesaid. Petitioner is holding the post of Secretary of the Gram Panchayat, and by means of impugned order, he has been found guilty of charges levelled against him whereafter order of recovery has been issued. It is submitted that perusal of impugned orders will make it quite evident that only reply of Pradhan has been considered therein without adverting to reply submitted by petitioner against the show cause notice/charge sheet.

¶4Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with submission that on receipt of complaint regarding irregularities by Pradhan and petitioner, an enquiry was instituted and both the persons were found guilty whereafter impugned orders have been passed.

¶5Upon consideration of submissions advanced by earned counsel for the parties and perusal of material on record, particularly the impugned orders, it is quite evident that orders have been passed pertaining to recovery from salary of petitioner without even adverting to reply submitted by him dated 07.07.2020.

¶6The impugned orders clearly advert to only reply submitted by Pradhan and therefore, it is evident that so far as petitioner is concerned, the orders are clearly ex parte in nature.

¶7In view of aforesaid, impugned orders dated 11.05.2021,

13.05.2021 and 25.06.2022 are quashed by issuance of a writ in nature of Certiorari granting liberty to opposite parties to pass fresh orders but only after considering reply of petitioner and affording opportunity of hearing to him.

¶8Resultantly, the petition succeeds and is allowed at the admission stage itself. There shall be no order as to costs. Order Date :- 12.10.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench