ORDER :

Order in the Delay Condonation Application

1. Heard learned counsel for the parties.

2. The explanation for the delay furnished in the affidavit accompanying the delay condonation application is found to be satisfactory.

3. Accordingly, the delay is condoned.

4. Office is directed to allocate a regular number to the instant appeal.

Order on the Memo of Appeal

5. Heard Shri Ramanand Pandey, learned Standing Counsel for the appellants and Shri Upendra Upadhyay for the respondent.

6. The State is in appeal against the judgement of learned Single Judge dated 02.11.2022 by which, the writ petition filed by the respondent (hereinafter referred to as the "Writ Petitioner") was allowed and the amount recovered from the writ petitioner in pursuance of orders impugned dated 08.09.2016 and 02.05.2017 was directed to be restituted within a period of three months.

7. The facts necessary for disposal of the instant appeal are that the petitioner had retired on 30.06.2014 from the post of Junior Engineer, Rural Engineering Services, Ghazipur. On 08.09.2016, the Executive Engineer, Rural Engineering Services, Division Ghazipur, issued an Office Order approving recovery of a sum of Rs. 3,10,022/