High Court of Judicature at Allahabad
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Narendra Kumar Srivastava v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 66337 of 2005  RD-AH 4422 (19 October 2005)
Hon'ble Yatindra Singh,J.
This is a writ petition against recovery certificate dated 20.7.2005 issued against the petitioner for recovery of Rs.1,84,759/-.
We have heard counsel for the petitioner, the Standing Counsel for the respondents.
According to the petitioner an F.I.R. has been lodged against him but neither any opportunity has been given nor any departmental inquiry has been conducted before issuing the recovery.
In the circumstances, it will be appropriate that the petitioner may file a fresh representation before respondent no.2 within a period of one month from today. In case the objection is filed, the same may be decided by the said respondent by a reasoned order at an early date, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self addressed envelope along with the representation. The concerned authority after taking decision will communicate the same to the petitioner.
Till the representation of the petitioner is not decided, the recovery proceedings shall be kept in abeyance.
With these observations the writ petition is disposed of.
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