Heard Ms. Savita Jain, learned counsel for petitioner and Sri Rishabh Kapoor, learned counsel for respondents.
Sri Rishabh Kapoor, learned counsel for respondents on instruction states that no separate detailed order is passed with regard to recovery from the petitioner.
Present writ petition is filed by the petitioner challenging the order dated 31.12.2020 passed by respondent No.4, the Project Manager, Ganga Pollution Control Unit-III, Lucknow.
By the impugned order, the recovery is directed against the petitioner, who is a Class-IV employee. Learned Counsel for the petitioner places reliance upon the judgment of Supreme Court passed in case of State of Punjab and others Vs. Rafiq Mashih (White Washer) etc. AIR 2015 SC 696: 2015 (4) SCC 334 and submits that impugned order is passed without giving any notice or opportunity of hearing to the petitioner. Learned counsel for petitioner further submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
Learned counsel for respondents has no objection to the same.
With the consent of learned counsel for the parties, the writ petition is disposed of and the impugned order dated 31.12.2020 being passed without giving any notice or opportunity of hearing to the petitioner is set aside. Petitioner is further permitted to make a fresh detailed representation to respondent No.3, Chief Accounts Officer, U.P. Jal Nigam, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents, including relevant government orders or judgments of this Court, if any, in support of his claim within a period of two weeks from today along with a certified copy of this order.
In case such a representation is moved by the petitioner, respondent No.3 shall consider and decide the same, taking into consideration the judgment of Rafiq Masih case (Supra) and ignoring the order dated 31.12.2020 , in accordance with law, by a reasoned and speaking order, within a period of two months from the date a certified copy of this order along with representation is placed before him. It is further provided that till decision on the representation of petitioner, no recovery from the petitioner shall be made.
In case, respondents find that any dues are payable to the petitioner, the same shall be paid to the petitioner within a period of two months of such an order passed.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 22.2.2021 Suresh/ [Rajesh Singh Chauhan,J.]