Court No. - 36
Case :- WRIT - A No. - 8376 of 2021 Petitioner :- Ajeet Vikram Singh And 5 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vinod Kumar Singh,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Chandra Bhan Gupta, learned counsel for the petitioners and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents.
The present writ petition has has been filed inter-alia with the following reliefs:-
"i) issue a writ, order or direction in the nature of certiorari, quashing the audit report dated 19.11.2018 issued by respondent No. 6 to the extent reducing the salary of the petitioners and also to recover the amount from the petitioners (Annexure:14 to the writ petition)
ii) issue a writ, order or direction in the nature of mandamus, directing the respondents to release the salary to the petitioners as has been paid to them upto July 2020 without reducing any amount in compliance of audit report (Annexure: 14 to the writ petition)
iii) issue a writ, order or direction in the nature of mandamus, directing the respondents to refund the amount to the petitioners deducted from their salary with effect from August, 2020 onwards in compliance of audit report (Annexure:14 to the writ petition)
iv) issue a writ, order or direction in the nature of mandamus, directing respondents not to recover any amount from the petitioners in pursuance of audit report (Annexure:14 to the writ petition)
v) issue a writ, order or direction in the nature of mandamus, directing the respondents to pass order on the compliance report submitted by the college on 16.9.2020 (Annexure:17 to the writ petition)."
Learned counsel for the petitioners submits that the audit objection was raised on 19.11.2018 to the extent reducing the salary of the petitioners and also to recover the amount from the petitioners since July 2020. The respondents in most arbitrary manner also started deducting the salary in compliance of the audit objection. He submits that all the petitioners are working as Class-III employee (Routine Grade Clerk) and in view of law laid down by the Apex Court in case of State of Punjab V. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334, arrears cannot be recovered from the petitioners. He apprised the Court that in response to the notice, the Management has already responded to the Director, Local Accounts & Audit Department, U.P. Praygraj. A prayer has been made that till the disposal of the audit objection, no coercive action may be taken against the petitioners otherwise, petitioners shall suffer irreparable loss and injury.
In the facts and circumstances of the case, once the proceedings is on, this Court hope and trust that the Director, Local Accounts & Audit Department, U.P. Prayagraj may examine the matter and remedied the situation but certainly taking note of law laid down by the Apex Court in the case of Rafiq Masih (supra) within two months from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
For a period of three months or till the disposal of the objection, whichever is earlier, no coercive action shall be taken against the petitioners in view of audit report dated 19.11.2018.
Consequently, the writ petition stands disposed of. Order Date :- 27.7.2021 Jaswant