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Allahabad High Court · body

2016 DIGILAW 1197 (ALL)

Santdev Yadav v. State of U. P.

2016-04-04

ASHWANI KUMAR MISHRA

body2016
JUDGMENT Ashwani Kumar Mishra,J. Following orders have been passed in the matter on 18.3.2016: - "Submission is that unilaterally an order directing recovery from petitioner's salary has been passed, without conducting an inquiry and without affording an opportunity of even submitting his explanation. Learned counsel for the respondent Corporation may obtain instructions. Put up as fresh on 30.3.2016. Till the next date of listing, no recovery, pursuant to the order impugned, shall be affected from the petitioner. Name of Sri Shesh Mani Mishra shall be shown as counsel for the respondents, whenever the matter is listed next." 2. Learned counsel for the respondents fairly submits that as the order has been passed without following any procedure known to law, as such, respondents be permitted to undertake fresh proceedings, in accordance with law, in the matter. 3. Since the order impugned has been passed without complying with the requirement of law and petitioner has not been afforded any opportunity of hearing or explanation, as such, the order impugned is not liable to be sustained being in violation of principles of natural justice. 4. Consequently, the orders dated 19.6.2015, 22.1.2016 and 20.2.2016, insofar as it relates to present petitioner are set aside. It shall, however, be open for the respondents to proceed in the matter, afresh, in accordance with law. 5. Writ petition stands disposed of accordingly.