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