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Krishan Kumar Mishra vs State Of U.P.Thorugh Home Civil … on 1 July, 2010

Allahabad High Court
Krishan Kumar Mishra vs State Of U.P.Thorugh Home Civil … on 1 July, 2010
Court No. - 6

Case :- SERVICE SINGLE No. - 3822 of 2010

Petitioner :- Krishan Kumar Mishra
Respondent :- State Of U.P.Thorugh Home Civil Sectt. Lko.And Ors.
Petitioner Counsel :- Manish Misra,Namit Sharma
Respondent Counsel :- C.S.C.

Hon'ble Shabihul Hasnain,J.

Heard Sri Manish Misra, learned counsel for the petitioner and the learned
standing counsel.

It is the case of the petitioner that vide order dated 1.5.2005, the petitioner has
been punished by way of withholding of two increments and that order has
been executed. The matter had come to final stage because that punishment
order was not appealed by the petitioner.

The opposite parties vide order dated 24.10.2009 have again inflicted the
recovery of Rs.30,000/- upon the petitioner for the same charge, for which
punishment order has been passed in the year 2005. The petitioner says that it
is a case of double jeopardy and he is being punished twice for the same
charge and that too, after four years. According to him, this cannot be done.

The petitioner has filed an appeal against the order dated 24.10.2009. The
appeal has been filed on 17.11. 2009 and has not yet been decided. The
petitioner says that the opposite parties have not initially started recovery in
pursuance of the order dated 24.10.2009, but now they have started deducting
Rs.1000/- per month. On one hand, the appeal has been entertained and on
the other hand, the recovery has been made, which again does not appear to
be reasonable.

Accordingly, this Court disposes the writ petition, with the direction that the
appellate authority- respondent no. 2 is directed to look into the matter and
decide the appeal expeditiously and till the appeal is decided, no recovery
shall be made in pursuance of the order dated 24.10.2009.

Petition is, thus, disposed of.

Order Date :- 1.7.2010
Sadiq

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