Baljeet Singh S.I. Personnel No. 842540388 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 5 Others

Court No. - 20 Case :- WRIT - A No. - 8028 of 2023 Petitioner :- Baljeet Singh S.I. Personnel No. 842540388 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Yadav,Manoj Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

¶2Petition has been filed challenging orders dated 3.6.2022 passed by Finance Controller Uttar Pradesh, Police Head Quarter, Lucknow and 21.6.2022 passed by Senior Superintendent of Police, Meerut, District Meerut on the ground of incorrect fixation of pay in the year 2022.

¶3It has been submitted that impugned order has been passed in a completely ex parte manner without affording opportunity of hearing to petitioner. It is further submitted that even otherwise alleged incorrect fixation of pay in the year 2008 is being sought to be corrected in the year 2022 which cannot be done. Learned counsel has placed reliance on judgment rendered by Hon'ble the Supreme Court in State of Punjab & others v. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334.

¶4Learned State Counsel has however submitted that recovery was required to be effected from petitioner in view of the fact that it creates a burden on the State Exchequer since benefits were wrongly admitted to petitioner.

¶5Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order(s), it is evident that impugned order(s) has been passed without issuing any show cause notice to petitioner or even affording any opportunity of hearing. The order as such is clearly against dictum passed by Hon'ble Supreme Court in the case of State of Punjab & others v. Rafiq Masih(supra).

¶6In view of aforesaid, the impugned orders dated 3.6.2022 and

21.6.2022 are quashed by issuing a writ in the nature of Certiorari at the admission stage itself granting liberty to opposite parties to pass fresh orders in the light of judgment of Hon'ble Supreme Court in the case of State of Punjab & others v. Rafiq Masih(supra) but only after affording opportunity of hearing to petitioner. In view of aforesaid, the petition stands allowed to aforesaid extent. Order Date :- 16.10.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench