Vijay Kumar Gautam vs State Of U.P. And Others on 4 August, 2010

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Allahabad High Court
Vijay Kumar Gautam vs State Of U.P. And Others on 4 August, 2010
Court No. - 18

Case :- WRIT - A No. - 45663 of 2010

Petitioner :- Vijay Kumar Gautam
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Dr. G. S. D. Mishra
Respondent Counsel :- C. S. C.,R. M. Pandey

Hon'ble Arun Tandon,J.

Petitioner has retired from the post of Varisth Bhandaran Adhikshak, Regional
Office, Agra on 31.8.2006 while his retiral benefits have not been released. Hence
this petition.

It is stated that under an order of the Managing Director, U.P. Rajya Bhandaran
Nigam, Lucknow a surcharge of Rs. 1,03,991/- has levied upon the petitioner for the
loss caused to the Corporation because of action and inactions of the petitioner, after
holding an enquiry. The order was challenged by way of appeal before the Executive
Board of the Nigam. The appeal has also been dismissed vide order dated 5.1.2009.

Counsel for the petitioner contends that the respondents may deduct the amount of
surcharge so levied and they may be asked to release the balance amount of the retiral
dues.

Shri O.P. Singh Senior Advocate assisted by Shri Radha Mohan Pandey, Advocate
submits that if the petitioner makes an application for the purpose, the same shall be
considered without any delay.

In view of the aforesaid, it is provided that if the petitioner makes an application
categorically stating that the amount of surcharge levied may be deducted from his
retiral dues and the balance amount may be released within 2 weeks from today along
with certified copy of this order. The authority shall take appropriate decision/action
within four weeks thereafter.

Writ petition stands disposed of.

Order Date :- 4.8.2010
Puspendra

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