Court No. - 38 Case :- WRIT - A No. - 2923 of 2010 Petitioner :- Shambhu Nath Mishra Respondent :- State Of U.P. & Others Petitioner Counsel :- R.C. Singh,B.S. Yadav Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Sri R.C. Singh contends that the petitioner has been saddled with
pecuniary liabilities on the strength of a report dated 24.12.2009 and the
impugned order dated 14.1.2010 has been passed without giving any
opportunity to the petitioner to confront the finding arrived at in the
inquiry.
Learned counsel for the petitioner contends that such a liability should
not have been fixed on the petitioner without giving any opportunity. A
perusal of the impugned order dated 14.1.2010 does not indicate that
the petitioner was given any opportunity to rebut the finding which was
arrived at by the inquiry Officer and a copy of the inquiry report has
been handed over to him along with the impugned order dated
14.1.2010. The direction under the impugned order is to the Chief
Development Officer to proceed to take appropriate action in the matter.
Sri Singh contends that even though no orders have been passed by
the Chief Development Officer so far yet the direction contained in the
order of the Commissioner, Rural Development, is binding on the Chief
Development Officer and, therefore, the petitioner apprehends that the
entire realisation shall be made from the petitioner under the aforesaid
direction. He contends that the proceeding so adopted is in violation of
principles of natural justice which shall cause prejudice to the petitioner
and, therefore, an appropriate direction should be issued in this regard.
Learned Standing counsel contends that the Chief Development Officer
is yet to proceed to take action in the matter and, therefore, the writ
petition can be disposed of at this stage itself with liberty to the
petitioner to file an objection to the inquiry report which has been made
the basis of the direction contained in the order dated 14.1.2010.
Accordingly, it is hereby provided that the Chief Development Officer
shall not proceed to make any recovery from the petitioner without
finalizing the inquiry and without hearing the objection of the petitioner
which shall be filed by the petitioner within 15 days. The Chief
Development Officer shall proceed to pass an appropriate order in
accordance with rules dispassionately after considering the objection of
the petitioner within 3 weeks thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 25.1.2010
Irshad