Court No. - 5
Case :- WRIT - A No. - 9627 of 2021 Petitioner :- Prateek Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vashishtha Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Ms. Monika Arya, learned Additional Chief Standing Counsel for the respondents. The petitioner, by means of the present writ petition, has prayed for quashing of the impugned order dated 11.01.2021 passed by respondent no.2, by which salary of the petitioner has been stopped on the ground that there is a complaint in respect to 'CCC' certificate of the petitioner.
This Court vide order dated 10.08.2021 directed the learned Standing Counsel to seek instructions in the matter. The order of this Court dated 10.08.2021 reads as under:
"Present writ petition has been preferred assailing the validity of the order dated 11.1.2021 passed by respondent no.2 by which the salary of the petitioner has been stopped on a complaint being made on 'CCC' certificate held by the petitioner. It is contended that without giving opportunity/ notices, salary could not be stopped. Petitioner claims that he is having valid 'CCC' certificate issued by the National Institution of Electronics and Information Technology (NIELIT), which is appended as Annexure No.3 to the writ petition. As such it is contended that the order impugned is perverse and unsustainable.
Before proceeding further in the matter, let Shri P.K. Giri, learned Addl. Chief Standing Counsel obtain necessary instructions in the matter.
Put up this matter as fresh on 18.08.2021."
Ms. Monika Arya, learned Additional Chief Standing Counsel on the basis of instructions received, which is taken on record, submits that the 'CCC' certificate of the petitioner has been verified and on verification it was found that the said certificate of the petitioner is genuine and valid, accordingly, she submits that the papers of the petitioner has been forwarded to take follow-up action.
In view of the submissions made by the learned Additional Chief Standing Counsel on the basis of instructions, the order impugned dated dated 11.01.2021 passed by respondent no.2 is not sustainable in law and accordingly, is set aside.The concerned respondent is directed to release the arrears as well as a current salary of the petitioner forthwith.
The writ petition is allowed subject to the observations made above.
Order Date :- 24.8.2021 NS