The Allahabad High Court has recently quashed a recovery order issued against two Village Development Officers Lata Rajput and Vishal Srivastava, development block Basrehar, Etawah on charges of damaging the State Exchequer.
A a single-judge bench of Justice Yashwant Verma passed this order while hearing Lata Rajput’s petition.
The petitioner, who is the Gram Vikas Adhikari, challenged the order of December 10, 2020 in terms of which alleged loss caused to the state exchequer is sought to be recovered on monthly basis from the salary and other emoluments payable to the petitioner.
J.N. Yadav, the counsel for the petitioner, contended the order impugned even otherwise would not sustain in light of the judgment rendered by the Court in Uday Pratap Singh @ Harikesh Vs. State of U.P. And 4 Others [2019 (10) ADJ 443] and in terms of which the District Development Officer would have no jurisdiction to take action under Section 27 of the Uttar Pradesh Panchayat Raj Act 1947.
Additionally, it was submitted that the relevant disciplinary rules would have to be adhered to in case a punishment of recovery of loss caused is to be imposed.
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The legal submissions as noted above were not disputed on behalf of state respondents. In view of the conceded position, it is manifest that the impugned order cannot sustain.
The Court has canceled the recovery order and allowed to take fresh action as per rules.