Court No. - 33
Case :- WRIT - A No. - 15027 of 2021 Petitioner :- Avinash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 15.09.2021 and subsequent order dated 30.09.2021, passed by the Chief Development Officer, Mirzapur, whereby direction has been issued to the petitioner to deposit the amount after rejecting his reply to the earlier notice/order.
Petitioner is a Technical Assistant engaged in MANREGA scheme and an order came to be passed against him on 15.09.2021 stating that various development works were not undertaken and, therefore, financial loss has been caused by the petitioner. A sum of Rs.11,000/- was directed to be deposited by the petitioner vide order dated 15.09.2021. This order/notice also afforded an opportunity of hearing to the petitioner to submit his reply within ten days. In terms of such opportunity petitioner has submitted his reply on 24.09.2021 in which it is stated that he has not endorsed the payment nor has he certified the measurement book and, therefore, he cannot be held responsible. Such explanation has been rejected by the subsequent order dated 30.09.2021 stating that petitioner's reply is unsatisfactory.
Admittedly, no reasons have been assigned as to why petitioner's explanation has not been found satisfactory. Law is otherwise settled that reason is the soul of an order and in its absence the order itself would be rendered lifeless. Reasons will have to be recorded as to why petitioner's explanation is not worth acceptance. Since there is apparent non consideration of petitioner's reply by the competent authority while passing subsequent order as such order dated 30.09.2021 cannot be sustained.
Writ petition is, accordingly, allowed. Order dated 30.09.2021 stands quashed. Liberty, however, stands reserved to the authority concerned to examine petitioner's explanation, afresh, and pass an appropriate reasoned order thereafter in accordance with law. Till such a fresh order is passed the respondents are restrained from making any recovery from the petitioner.
Order Date :- 28.10.2021 Ashok Kr.