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2018 Supreme(All) 36

SUDHIR AGARWAL
VIJAY PRAKASH SHARMA (KANOONGO) – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ayub Khan for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Ayub Khan, learned counsel for petitioner and learned Standing Counsel for respondents.

2. Writ petition is directed against order dated 28.4.2000 whereby Settlement Officer (Consolidation), Bulandshahar has passed order for recovery of Rs. 15147/- alongwith 14% interest from petitioner pursuant to an audit objection.

3. It is contended that aforesaid payment was made to petitioner after accepting his leave travelling concession and represent the expenses incurred under the said head. Neither any inquiry was conducted nor any show-cause notice was issued and even otherwise there was no provision for demanding any interest also but straightway on the basis of audit objection, impugned order has been passed which is patently illegal.

4. This Court time and again held that an order for recovery passed against an employee results in civil consequences and without complying principle of natural justice such an order cannot be passed.

5. It is stressed that impugned recovery has been initiated without issuing any show-cause notice or giving opportunity to petitioner and, therefore, it is in utter violation of principles of natural justice. Lea


















































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