Court No. - 36 Case :- WRIT - C No. - 35480 of 2010 Petitioner :- Narendra Kumar Srivastava Respondent :- Union Of India And Others Petitioner Counsel :- S.K. Mishra Respondent Counsel :- A.S.G.I.,Mohan Srivastava Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Sri Mohan Srivastava, learned Advocate has filed counter
affidavit on behalf of respondents 2 and 3.
Argument is that respondent no.4 has been dismissed from
service and admittedly he is the loanee and thus various
payables of respondent no. 4 is still with respondent no. 2/3
and therefore, without any justification of not proceeding
against him respondents are proceeding against the
petitioner and direction has been given to deduct the amount
from the petitioner’s salary.
Argument is that under the agreement petitioner can be
certainly liable to repay the amount in case of default of
respondent no. 4 but respondent no. 4 is to come out with
the justification of non payment and at the same time
respondents 2 and 3 are to state before this court as to why
they will not proceed against respondent no. 4.
On the facts, it is directed that till the next date all payables
of respondent no. 4 are not to be finalised without taking
leave of this court.
It is further provided that till next date of listing pursuant to
the order dated 22.5.2010 no amount will be deducted from
the salary of the petitioner.
Issue notice to respondent no. 4. Steps will be taken within
ten days.
He may file counter affidavit by the next date.
List this matter int he 3rd week of August, 2010.
Order Date :- 22.7.2010
M.A.A.