Court No. - 37
Case :- WRIT - A No. - 7073 of 2018 Petitioner :- Dhyan Ram Respondent :- District Magistrate Azamgarh And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Learned counsel for the petitioner prays that he may be permitted to implead the State of U.P. as respondent no.4 in the array of the parties to the writ petition. He is permitted to do so during the course of the day.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioner has challenged the order dated 17.2.2018 by which recovery has been ordered on account of non-geo- tagging of toilets constructed under the jurisdiction of the Panchayat of which the petitioner was the Secretary.
It is submitted that the Government Order for geo- tagging came after the petitioner was transferred from the post. It is further submitted that the order of recovery has been passed without affording any opportunity to the petitioner. If an opportunity had been afforded, the petitioner could have explained that he was not present when the Government Order for geo- tagging was passed.
Considering the aforesaid fact that the recovery has been directed without any opportunity to the petitioner, the order dated 17.2.2018 cannot be sustained and it is hereby quashed with the direction to the authority concerned to give opportunity to the petitioner and pass a fresh order in accordance with law.
Subject to the aforesaid extent, the writ petition is allowed.
Order Date :- 28.2.2018 SKM