Court No. - 58
Case :- WRIT - A No. - 2363 of 2019 Petitioner :- Pratima Kushwaha Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Premnendra Singh,Rakesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Chandrakesh Rai
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 14.2.2019:-
"Submission is that without affording any opportunity of hearing, the order impugned has been passed, directing recovery to be made from the petitioner's salary.
Sri C.K. Rai, learned counsel appearing for the respondent no. 2, may obtain instructions. It shall be open for the learned Standing Counsel also to obtain instructions from other respondents.
Post as fresh once again on 25.2.2019.
Till then, no recovery would be made from the petitioner."
Sri Sanjay Chaturvedi, holding brief of Sri C.K. Rai, learned counsel for the respondent no.2, on the basis of the instructions received from the District Basic Education Officer, does not dispute the fact that an opportunity of hearing has not been afforded to the petitioner before passing the order impugned. It is otherwise not disputed that the order impugned carries civil consequences for the petitioner. Consequently, order impugned dated 5.12.2018 passed by the respondent no. 2 can not be sustained and is quashed. Liberty stands reserved to the authority concerned to proceed further, in accordance with law.
Order Date :- 25.2.2019 n.u.