Court No. - 34
Case :- WRIT - A No. - 37400 of 2004 Petitioner :- Omkar Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.P.Tewari Counsel for Respondent :- C.S.C., Ravindra Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S.P. Tiwari, learned counsel for petitioner and learned Standing Counsel as well as Sri Ravindra Singh, Advocate for respondents.
2. Order of recovery dated 07.06.2004 is under challenge which has been passed by District Cane Officer, Mathura.
3. It is stated that in a similar matter, i.e., Writ Petition No. 37398 of 2005 (Raja Babu Gupta vs. State of U.P. and others) this Court has already set aside same order dated 07.06.2004 vide judgment dated 02.08.2018. The said order reads as under:
"1. Heard Singh H. L. Singh, Advocate assisted by Shri S. P. Tiwari, learned counsel for petitioner and learned Standing Counsel for State.
2. It is submitted that an order of punishment was passed against one Genda Lal, Cane Development Inspector on 24.1.2004 and on the basis thereof impugned order dated 7.6.2004 has been passed proposing to recover Rs. 3,000/- per month in 77 installments.
3. It is submitted on behalf of petitioner that impugned order of recovery has been passed in utter violation of principle of natural justice inasmuch as, the same has been passed in an inquiry held against another person, namely, Genda Lal and no opportunity of hearing was afforded to petitioner before passing impugned order.
4. In the counter affidavit filed on behalf of respondent Nos. 1 to 3, it is stated averred in paragraph 4 that a departmental inquiry was conducted against one Shri Genda Lal, Sugar Development Inspector and no separate inquiry was held against any other person. In that inquiry, petitioner and some others were found responsible for the financial loss to department.
5. It is, thus, admitted to the respondents that no disciplinary inquiry was held against petitioner nor any show cause notice was issued to him and thereafter impugned order of punishment is in utter violation of principle of natural justice. The same cannot be sustained. In the result, writ petition succeeds and is allowed. Impugned order dated 7.6.2004 in so far as it concerns the petitioner, is hereby quashed."
4. Learned counsel appearing for respondents could not dispute that the issue raised in this writ petition is squarely covered by aforesaid judgment.
5. In view thereof and for the reasons stated in judgment dated 02.08.2018 passed in Writ Petition No. 37398 of 2005 (supra), this writ petition is allowed. Impugned order dated 07.06.2004, in so far as it concerns to petitioner, is hereby quashed.
Order Date :- 21.12.2018 AK