Court No. - 33
Case :- WRIT - A No. - 4428 of 2021 Petitioner :- Kamlesh Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjani Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Order dated 01.02.2021 passed by the Regional Manager, UPSRTC directing recovery of a sum of Rs.71,768/- from the petitioner is assailed in this petition primarily on the ground that pursuant to the show cause notice a reply has been given which has not been considered.
Perusal of the order would go to show that a show cause notice was issued to petitioner on 10.07.2020 to which a detailed reply has been submitted by the petitioner which fact is duly acknowledged. The authority, however, has brushed aside the reply in one line by observing that such explanation is not satisfactory. No reason has been recorded as to why petitioner's reply has not been found satisfactory. Law is settled that reason is the sole of an order and in its absence the order itself is rendered life-less. Since there is no consideration of petitioner's reply to the show cause and no reasons have been recorded for rejecting petitioner's defence, therefore, the order impugned is not liable to be sustained.
Sri M. M. Sahai, who has accepted notice on behalf of the corporation states that instead of keeping the matter pending the authorities be permitted to revisit the issue.
In that view of the matter order dated 01.02.2021, cannot be sustained and is quashed. Liberty stands reserve to the respondents to consider petitioner's reply and pass a reasoned order in accordance with law. No recovery would be made form the petitioner till the fresh order is passed and the recovery already made shall remain subject to the fresh order to be passed.
Order Date :- 27.7.2021 Abhishek Singh