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Ravendra Kumar Srivastava v. State of U.P. Thru. Secy. Deptt. of Panchayati Raj Lko and 5 Others

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
5 December 2023
Bench
Pankaj Bhatiaauthor
Case no.
9277/2023

Judgment

Court No. - 8 Case :- WRIT - A No. - 9277 of 2023 Petitioner :- Ravendra Kumar Srivastava Respondent :- State Of U.P. Thru. Secy. Deptt. Of Panchayati Raj Lko And 5 Others Counsel for Petitioner :- Lakshmana Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.

¶1The present petition has been filed challenging the order dated 16.10.2023 (Annexure-1 to the writ petition) passed by the respondent no.6, whereby an order of recovery has been passed against the petitioner, who was the technical assistant.

¶2The contention of the Counsel for the petitioner is that an expropriately order has been passed without giving any opportunity of hearing and without ascertaining the guilty of the petitioner.

¶3On the face of it, the order does not demonstrate that any opportunity of hearing was given to the petitioner prior to passing of the said order, even otherwise, the same order against one namely, Chhedi Lal, the then Pradhan was challenged in Writ-C No.10227 of 2023 and the said writ petition was allowed vide order dated 22.11.2023 quashing the order dated 16.10.2023 with liberty to pass a fresh order, in accordance with law. Thus, following the said order dated

22.11.2023, the order dated 16.10.2023, insofar as it relates to the petitioner is also quashed giving liberty to the respondents to pass a fresh order, in accordance with law.

¶4In view of above, the writ petition is allowed. Order Date :- 5.12.2023 akverma High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.