The Allahabad High Court has stayed the recovery order dated April 22, 2023 on the condition of depositing 50% of the penal rent of Rs 1,24,800 to the Head Jail Warden and has sought reply from the State Government and the Jail Authority within four weeks.
A Single Bench of Justice Saurabh Srivastava passed this order while hearing a petition filed by Dharam Pal Singh.
The case of the petitioner is that he has already been transferred from Meerut to Agra, being the obedient government servant he complied with the directions issued in shape of transfer and joined over the transferred place of posting, but the son of the petitioner was pursuing his post graduation from Meerut University and as such requested to retain the rent free government accommodation provided at Meerut, retained till the commencement of M.A (Final year) examination.
Without considering the prayer of the petitioner as submitted vide application dated 15.12.2022 the penal rent has been imposed vide order dated 22.4.2023 to the tune of Rs 1,24,800/-.
The Court granted four weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit for the petitioner.
“List before the Registrar (Civil) for completion of pleadings wherein not more than two opportunities shall be afforded to either of the parties for exchange of the affidavits. List thereafter before appropriate court.
Meanwhile operation of the order dated 22.4.2023 passed by respondent no 2 shall remain stayed provided if the petitioner deposits the determined amount as per the schedule upto 50% before the same authority as directed in the order which impugned the petition”, the order reads.