Court No. - 58
Case :- WRIT - A No. - 15603 of 2018 Petitioner :- Radhey Shyam Deevedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Sinha Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner was initially engaged as Meth on daily wage basis in the Public Works Department of State of U.P. His services were regularised and salary was fixed. Arrears were also released. The authorities, however, found that the arrears released to petitioner was more than his entitlement and consequently an order of recovery was passed on 26.9.2013. A sum of Rs. 3107/- was accordingly recovered. After expiry of 5 years, a fresh order has now been passed, which is impugned, as per which the excess amount to be recovered from the petitioner is determined as Rs. 1,81,782/-.
Contention is that over a period of last 4 years the authorities have fixed petitioner's salary on four occasions by passing different orders. Submission is that the respondent authorities are passing indiscriminate orders without caring to examine the orders, unilaterally, even without affording an opportunity of hearing. Recovery is thus challenged on the ground that it is wholly arbitrary.
Learned Standing Counsel points out that a notice, infact, was given to petitioner in the matter on 3.5.2018. This Court finds that notice issued to the petitioner specified his liability at Rs. 2,20,279/- to which the petitioner has submitted an objection. While passing the order impugned, the authorities have not disclosed the basis for determining the liability of petitioner. In case any recovery is proposed to be made from the petitioner, the authorities must atleast explain as to how such liability has been worked out. The petitioner has also been denied a reasonable opportunity in the matter.
For all such reasons, this Court finds that the order itself cannot be sustained and is accordingly quashed. It shall be open for the authorities to proceed afresh, after affording an opportunity of hearing to the petitioner in the matter. The authorities while passing the fresh order shall clearly disclose the basis to work out petitioner’s liability.
With the aforesaid observation, this writ petition stands disposed of.
Order Date :- 26.7.2018 n.u.