Court No. - 36
Case :- WRIT - A No. - 18949 of 2019 Petitioner :- Adarsh Kumar Parashar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deepti Srivastava,Ajal Krishna Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 29.10.2018 passed by District Development Officer, Kanpur Nagar whereby, the recovery of Rs.1,44,000/- has been directed to be recovered in ten equal installments, as well as the order dated 15.03.2019 passed by the Block Development Officer, Block Ghatampur, District Kanpur Nagar, whereby, the petitioner has been directed to deposit the entire amount as per the order dated 29.10.2018. Further prayer has been made to command the respondents to make payment of salary of the petitioner w.e.f February 2019 to September, 2019 alongwith interest @ 12% and further make the payment of salary every month as and when it becomes due.
At the very outset, learned Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition precisely on the ground that earlier petitioner has approached this Court by preferring Writ Petition no.5381/2019 (Adarsh Kumar Parashar vs. State of U.P. and others), which was disposed of on 09.04.2019 with following effect:-
"Heard learned counsel for the parties.
By means of the instant writ petition, petitioner is assailing the order dated 29 October 2018 passed by the fourth respondent, District Development Officer, Kanpur Nagar in exercise of power conferred under Section 27(2) of the U.P. Panchayat Raj Act, 1947 (for short 'Act, 1947') directing recovery from the petitioner for the loss caused to the Gram Panchayat in the execution of the programmes.
Learned Standing Counsel submits that the order is appealable under Sub-section (3) of Section 27 of the Act, 1947.
This fact is not being disputed by the learned counsel for the petitioner.
In view thereof, the writ petition is disposed of as withdrawn with liberty to the petitioner to take remedy of appeal under Act, 1947 before the competent authority, in accordance with law."
Admittedly, in response to the said directions, the appeal has been preferred and the same is pending consideration. Now once again petitioner is before this Court assailing the validity of order dated 29.10.2018 as well as 15.03.2019.
In the facts and circumstances of the case, once earlier the aforesaid orders have been assailed before this Court and this Court vide order dated 09.04.2019 asked the petitioner to avail the remedy of appeal and in response thereof, the appeal has been preferred and the same is pending consideration, in such a situation, the present writ petition is liable to be treated as second writ petition and as such, no relief can be extended to the petitioner. Even for the salary w.e.f February 2019 to September, 2019, the petitioner is at liberty to approach the competent authority for redressal of his grievance. This Court also hopes and trust that the appeal in question be considered and decided at the earliest.
With these observations, the writ petition is disposed of.
Order Date :- 28.11.2019 A. Pandey