Court No. - 36 Case :- WRIT - C No. - 39046 of 2010 Petitioner :- Smt. Surajmukhi Respondent :- State Of U.P. And Others Petitioner Counsel :- R.B. Trivedi Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Argument is that the impugned notice asking the petitioner to deposit
the amount which is said to have been misused for the purpose of
plantation/fixing of tree guards is without any inquiry/opportunity to the
petitioner.
Submission is that petitioner has no role and everything was done by
other officials and even petitioner has no right/role to get the
expenditure verified and she was simply require to sign so that
payment may be made, and therefore, petitioner may not be
penalised.
Learned Standing Counsel submits that if petitioner accepts herself to
be the authority under whose signature amount is to be paid then it
goes without saying that he is also responsible to get the work verified
before signing the payment and thus both things cannot be separated.
No agreement/copy of the policy under which particular work/liability
has been assigned and petitioner is to be accepted to be innocent, just
a signing authority without any role of her either physical or mental or
otherwise, has been filed.
In the order there is a mention that earlier also a notice was given but
copy of that notice is also not there.
On these facts, it is not possible for this court to pass any order without
getting copy of the earlier notice and other documents and thus
learned Standing Counsel is directed to place all the relevant
documents before this court on the next date.
List this matter on 26.7.2010, as fresh.
It is made clear that we have not granted any stay today.
Order Date :- 15.7.2010
M.A.A.