The Allahabad High Court on Wednesday summoned the Executive Engineer, Purvanchal Vidyut Vitran Nigam Ltd, Vidyut Vitran Khand, District Ballia to be present in Court on December 13.
A single-judge bench of Justice Saral Srivastava passed this order while hearing a petition filed by Raghubir Prasad. The petitioner has assailed the order dated January 31, 2020, by which an amount of Rs 73,61,101 is being recovered from him in 188 equal installments from his salary.
It is contended by the counsel for the petitioner that the petitioner was suspended and a chargesheet was issued to him. The counsel for the petitioner submitted that later on being satisfied with the reply of the petitioner against the chargesheet, the suspension order was revoked and petitioner was allowed to join. He further submitted that without giving any opportunity of hearing and without conducting any enquiry to ascertain the liability of the petitioner, impugned order has been passed and as such the impugned order is not sustainable in law.
Suyash Agarwal, counsel for the respondents on instruction, which is taken on record, submitted that petitioner has admitted in his reply that entire amount has been deposited by him and when petitioner has not produced any evidence to show that money has been deposited, liability to pay Rs 73,61,101 has been found against the petitioner.
The Court noted that when a query was put to Suyash Agarwal, counsel for the respondents, as to how it transpires from the reply of the petitioner that he has admitted the liability to pay Rs 73,61,101, he failed to point out from the said reply that petitioner has admitted in his reply that he is liable to pay the said amount. Even from the chargesheet, counsel for the respondents could not point out any charge leveled against the petitioner that he has misappropriated or embezzled the amount.
The instruction does not state that any enquiry was conducted by the Executive Engineer or any show-cause notice or opportunity of hearing was given to the petitioner before passing the order.
The Court observed that the Executive Engineer is acting maliciously and capriciously without following the due procedure of law and unnecessarily burdening the Court with the litigation. The Court further observed that such kind of order is being passed by the authorities only to save their skin under the shelter of order passed by the Court.
Accordingly, in such view of the fact, the Court finds it appropriate to summon the Executive Engineer, Purvanchal Vidyut Vitran Nigam Ltd, Vidyut Vitran Khand, District Ballia to explain as to how the order dated January 31, 2020 is sustainable in law.
The Court also called upon the Managing Director, Purvanchal Vidyut Vitran Nigam Ltd, Varanasi to appear before the Court so as to apprise him about the functioning of his officers, as casual and callous approach of the officer is unnecessarily burdening the Court with the litigation.
The Court has fixed the next hearing of the petition on December 13, 2021.