Allahabad High Court
Anees Ahmad Khan vs U.P. Jal Nigam, Lucknow Thru. Managing ... on 1 September, 2020
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- SERVICE SINGLE No. - 14297 of 2020 Petitioner :- Anees Ahmad Khan Respondent :- U.P. Jal Nigam, Lucknow Thru. Managing Director & Ors. Counsel for Petitioner :- Rohit Tripathi,Syed Zulfiqar Husain Naqv Counsel for Respondent :- Rishabh Kapoor Hon'ble Rakesh Srivastava,J.
Heard Sri Rohit Tripathi, learned counsel for the Petitioner and Sri Rishabh Kapoor, learned counsel appearing on behalf of the Respondents.
The Petitioner is a retired Junior Engineer of U.P. Jal Nigam. By means of the present petition the Petitioner has essentially challenged the order dated 05.03.2020 passed by Respondent no. 4 whereby a sum of Rs. 98 Lakhs has been ordered to be recovered from the Petitioner.
Sri Rishabh Kapoor, learned counsel for the Respondents has raised a preliminary objection regarding the maintainability of the petition. He submits that against the order impugned in the present writ petition the Petitioner has an alternative remedy of filing an appeal before the Board of Directors.
Learned counsel for the Petitioner after arguing at some length states that the Petitioner is ready to file an appeal before the Board of Directors. However, the counsel has expressed his apprehension that the said appeal may not be entertained by the Respondents since the time for filing the same has come to an end. He prays that the authority concerned be directed to entertain the appeal of the Petitioner and decide the same on merit expeditiously. He has further prayed that in view of the prevailing pandemic the Petitioner may be granted some time to file the appeal.
Sri Rishabh Kapoor, has not expressed any objection to this prayer made by the Petitioner's counsel.
In view of the above, with the consent of the counsels for both parties, the writ petition is finally disposed of with liberty to the Petitioner to file an appeal against the order impugned in the present writ petition by 02.10.2020.
In case, the Petitioner files an appeal within the time granted for the purpose, the same shall be entertained by the authority concerned who shall decide the same on merits, expeditiously, say, within a maximum period of two months from the date of receipt of the appeal.
Order Date :- 1.9.2020 Pradeep/-