Court No. - 37
Case :- WRIT - C No. - 5959 of 2021 Petitioner :- Suryabhan Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
The State has not filed its reply despite the time granted by this Court vide order dated 17.06.2021.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner submitted that vide order dated 12.11.2020 respondent no.2 has issued recovery order against the petitioner.
However, if the authorities feel that the fund, which the Government had given from the grant admissible to school, have been misused, the respondents may take action as admissible under law.
The recovery order dated 12.11.2020 cannot be said to be a correct order, as it is against the principles of natural justice and without finding that the petitioner himself has embezzled the said fund. The petitioner has shown a report annexed as Annexure No.4 to the petition reflecting that the fund granted to the petitioner has been correctly utilized and the authority concerned has also made a recommendation for release of the second instalment.
In view of above, the matter is remanded back and ordered the authorities to take afresh decision and decide the same after hearing all the parties concerned.
With these observations, the writ petition stands allowed.
Order Date :- 30.7.2021 AK Pandey