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RAMESHWAR PRASAD versus STATE OF U.P. THRU' SECRETARY MINISTRY OF AGRICULTURE & ORS.

High Court of Judicature at Allahabad

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Rameshwar Prasad v. State Of U.P. Thru' Secretary Ministry Of Agriculture & Ors. - WRIT - A No. 64182 of 2006 [2006] RD-AH 20000 (24 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble V.C.Misra,J.

Since the appeal is already pending, we do not find any laches as pointed out by the department, however, it is formally condoned.

The contention of the petitioner is that after retirement an order has been passed by the authority for recovery of certain amount already paid during his service career before the appellate authority which is impugned herein.

In disposing the writ petition we are of the view that the petitioner is entitled to make an application before such appellate authority as early as possible challenging the order impugned required recovery of amount during the pendency of the appeal.  It is not appropriate for this writ court to interfere such order when the appeal is pending.

However, no order is passed as to costs

Dt.24.11.06

PKB

WP64182-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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