Court No. - 58
Case :- WRIT - A No. - 20289 of 2018 Petitioner :- Omkar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was Centre Incharge of Rajkiya Krishi Beej Bhandar, B. B. Nagar, Bulandshahar and has retired on 31.1.2016. Much after his retirement an order dated 5.5.2018 has been passed by the Deputy Director holding the petitioner liable for the losses caused on account of non return of 25.60 quintal paddy, and recovery for a sum of Rs.1,40,438.52/- is directed to be made from him.
The order is challenged on the ground that reasonable opportunity has not been afforded to the petitioner and that recovery is otherwise wholly arbitrary, inasmuch as out of 52.56 quintal paddy, 26.94 quintal was sold and the remaining 25.62 was deposited in the buffer store, for which receiving has also been issued and annexed at page 20 of the writ petition. Submission is that there is no loss caused and without examining all such aspects the order impugned has been passed.
Learned Standing Counsel submits that the authorities be permitted to revisit the issue, in accordance with law.
In the facts and circumstances, noticed above, this Court finds that material facts do not appear to have been examined by the authority concerned and even otherwise, the order is found to be in teeth of principles of natural justice. Consequently, the order impugned dated 5.5.2018 cannot be sustained and is quashed. It shall, however, be open for the authority concerned to proceed in the matter, afresh, in accordance with law.
Writ petition stands allowed.
Order Date :- 20.9.2018 Ashok Kr.