SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(All) 506

RAJESH SINGH CHAUHAN
Suresh Kumar Awasthi – Appellant
Versus
State of U. P. Thru Addl. Chief Secy. Home – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sajeet Singh

JUDGMENT :

1. Heard.

2. By means of this petition, the petitioner has prayed for quashing the order dated 10.5.2021 (Annexure No.1) passed by opposite party no.5 relating to recovery of amount of Rs.6,59,139.00 from his post retiral benefits/pension.

3. This Court has passed order dated 28.7.2021 as under:-

    "Heard Sri Sajeet Singh, learned counsel for the petitioner and learned Standing Counsel for the State.

This Court vide order dated 14.7.2021 granted ten days' time to State to seek complete instructions.

Today, learned Standing Counsel has again requested some more time to seek instructions.

Learned counsel for the petitioner has pressed urgency in the matter by submitting that this is a case wherein the substantial amount have been recovered from the petitioner after his retirement more so without providing any opportunity of hearing to that effect. He has also submitted that the petitioner being Class-III employee may not be subjected to the impugned action in the light of ratio laid down by the Hon'ble Apex Court in re: State of Punjab and others vs. Rafiq Masih, (2015) 4 SCC 334.

Prima facie, the impugned order appears to be unwarranted and against the dictum of Hon'ble the Apex Co

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top