Amrendra Kumar v. State of U. P. Thru. Commissner Gram Vikas
2014-09-24
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. The petitioners have sought to challenge an order dated 19 May 2014 issued by the Project Director, District Rural Development Agency, Raibareli directing the Block Development Officer to take steps for recovery of moneys from persons to whom allotments were made under the Indira Gandhi Housing Scheme. The petitioners before the Court are persons against whom the direction has been issued for effecting recovery. The impugned order states that it was found, on the basis of an enquiry report dated 9 May 2014, that allotments have been made to persons who are not eligible under the Scheme. The petitioners contend that no opportunity has been furnished to them of controverting the enquiry report or of showing cause before recoveries were directed to be made. 2. There can be no doubt about the position that the implementation of the impugned directions is a matter of prejudice to the petitioners against whom recoveries would be initiated. Before taking such action, it would be appropriate and proper that the basic principles of natural justice should be complied with by issuing a notice to show cause to the petitioners and by allowing them to respond to the enquiry report on the basis of which recoveries are sought to be made. Hence, in the absence of compliance with the principles of natural justice, we direct that a copy of the enquiry report shall be furnished to the petitioners together with a notice to show cause, within a period of one month of the receipt of a certified copy of this order. The petitioners would be at liberty to respond thereto and to submit their objections within a period of one month of the receipt of the notice to show cause. Thereafter, fresh orders shall be passed after due consideration of objections, if any, in accordance with law. 3. We clarify that this process shall be followed before action for recovery, if any, is initiated against the petitioners. The petition is, accordingly, disposed of. There shall be no order as to costs.