Court No. - 38
Case :- WRIT - C No. - 28322 of 2018 Petitioner :- Rama Shankar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
By means of this writ petition, the petitioner claiming himself to be an Ex-Pradhan has challenged the recovery citation dated 24.7.2018 for a sum of Rs. 1,47,21,624/- plus other charges. The said citation as stated by the learned counsel for the petitioner is a result of an Audit report dated 29.3.2012. The Audit report is for the period when the petitioner was Pradhan. The allegations have been in the report about misutilization of funds by the petitioner.
It is submitted by the learned counsel for the petitioner that the petitioner relinquished the office of Pradhan on 31.10.2010. Thereafter it is submitted that no notice was ever given to the petitioner and straightway the recovery of an amount of Rs. 1,47,21,624/- has been issued against the petitioner. From the Audit Report it does not appear that the petitioner was associated in any manner in this Audit.
In our view, one opportunity ought to be given to the petitioner before issuing the recovery citation. As such, this writ petition is disposed of with the direction that the petitioner may approach the Collector concerned against the aforesaid recovery certificate and the Collector will look into the matter and pass appropriate order in accordance with law after giving an opportunity of hearing to the petitioner within a period of one month from today. For a period of one month, no coercive action shall be taken against the petitioner pursuant to the recovery certificate dated 24.7.2018.
Order Date :- 21.8.2018 R