Court No. - 33
Case :- WRIT - A No. - 12793 of 2021 Petitioner :- Smt. Saroj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Prateek Kumar,Sankalp Narain Counsel for Respondent :- C.S.C.,Prateek Kumar
Hon'ble Ashwani Kumar Mishra,J.
Three orders are challenged in this petition which are all in respect of same issue. By the first order the Inspector has held that petitioner has availed of medical leave in excess of her entitlement. The second order determines the liability of the petitioner on account of such extra leave availed and third order directs recovery to be made from the petitioner. These orders are challenged by relying upon a report of the Principal as per which the petitioner has availed leave only of sixty five days as against alleged recital in the impugned orders about leave of 628 days. It is also urged that petitioner has not been associated in any enquiry conducted in the matter and the determination, which is the basis of impugned recovery is factually incorrect.
Learned counsel for the Managing Committee/ Authorised Controller has tried to submit that an enquiry was conducted by the authorised controller in which the petitioner was associated and therefore, allegation of denial of opportunity is not correct.
The aforesaid contention is countered by the petitioner contending that the petitioner had merely asked the respondents to supply materials on the basis of which the calculation is being worked out against her. Thereafter the report shows nothing about petitioner's participation nor does it refer to any document/ material having been furnished to petitioner.
From the materials placed on record this Court finds substance in the petitioner's contention that an appropriate enquiry in the matter relating to availing of medical leave has not been conducted by the respondents so far. The allegation that petitioner has utilised leave in excess of her entitlement is otherwise a question of fact which ought to be determined before proceeding any further.
In the facts of the case the fourth respondent is therefore directed to conduct a fresh enquiry in which the petitioner would be given opportunity to place her version and after considering materials furnished by the petitioner the competent authority shall determine factual aspects. Such exercise would be undertaken within a period of four months from today. It shall be open for the respondents to proceed further in the matter in accordance with law on the basis of such determination. Till a fresh determination is made the respondents are restrained from effecting any recovery from the petitioner. The orders impugned in the writ petition are quashed in order to facilitate a fresh consideration of cause.
Subject to the above observations/ directions this petition stands disposed of .
Order Date :- 29.10.2021 Abhishek Singh