Court No. - 16
Case :- WRIT - A No. - 9203 of 2018 Petitioner :- Satya Prakash Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Sandeep Kumar Dubey,Pankaj Misra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The order dated 13.3.2018 which holds the petitioner liable for the losses caused to the State and directs recovery to be affected from him, is challenged in the present petition.
It is admitted that the petitioner was a Technical Assistant and in respect of alleged losses caused to State, he has not been associated in any inquiry nor afforded any opportunity of hearing.
Submission is that unilateral determination by the respondents of petitioner's guilt as well as direction to recover the amount is violative of principles of natural justice. On this short ground alone, this petition succeeds and is allowed. Order dated 13.3.2018 is quashed. It shall be open for the respondents to proceed afresh, in accordance with law, after affording an opportunity of hearing to the petitioner. In case any inquiry is conducted in the matter, the petitioner would be made aware of its outcome with a view to grant him an opportunity to confront it.
Order Date :- 30.3.2018 n.u.