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Supreme Court - Daily Orders

State Of U.P. vs A.K.Kapoor on 11 November, 2014

Bench: Jagdish Singh Khehar, Arun Mishra

                                                                                          1

               ITEM NO.1                     COURT NO.5                     SECTION XI

                                   S U P R E M E C O U R T O F         I N D I A
                                           RECORD OF PROCEEDINGS

               Petition(s)     for    Special   Leave   to   Appeal   (C)......CC    No(s).
               5374/2013

               (Arising out of impugned final judgment and order dated
               12/03/2012 in CMWP No. 24116/2010 passed by the High Court Of
               Judicature at Allahabad)

               STATE OF U.P.& ORS.                                            Petitioner(s)

                                                        VERSUS

               A.K.KAPOOR                                                     Respondent(s)
               (with appln. (s) for c/delay             in   filing   SLP   and c/delay in
               refiling SLP and office report)

               Date : 11/11/2014 This petition was called on for hearing today.

               CORAM :
                            HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                            HON'BLE MR. JUSTICE ARUN MISHRA


               For Petitioner(s)        Mr. S.R. Singh, Sr. Adv.
                                        Mr. Sudeep Kumar, Adv.
                                        for Mr. Ravi Prakash Mehrotra,AOR(NP)

               For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Heard learned senior counsel for the petitioners. Delay condoned.

The facts emerging from the impugned order reveal, that on account of the wrong fixation of the respondent's pay as far back as in 1986, a recovery for an amount of Rs.54,402/- has Signature Not Verified Digitally signed by been Parveen Kumar Chawla Date: 2014.11.11 17:25:38 IST ordered (vide orders dated 14.10.2008, 22.09.2009 and Reason: 27.10.2009). It is also pertinent to notice that the respondent retired on attaining the age of superannuation on 30.06.2007. 2 We are satisfied, that the prayer made by the petitioners to set aside the impugned order passed by the High Court whereby the orders of recovery were set aside is wholly misconceived. The same would be iniquitous, and as such, we are not inclined to accept the prayer made in the instant petition.

The instant special leave petition is accordingly dismissed.




(Parveen Kr. Chawla)                              (Phoolan Wati Arora)
    Court Master                                   Assistant Registrar