SAMSUSSALAM QUDDUSI Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed for quashing the entire proceedings of recovery citation contained as Annexures 1 and 2 to the writ petition.

(2.) THE facts arising out of the present writ petition are that on 12-1-2006, the respondent No. 1 has issued a show cause notice to the petitioner and an allegation to that effect was made against the petitioner that the petitioner being a President of Nagar Panchayat appointed respondent No. 7 as Safai Karmachari and was paid salary amounting to Rs. 2,49,864. 00 by the Nagar Panchayat since June, 1999 to July, 2003. THE petitioner after receiving the aforesaid show cause notice has submitted an application that the petitioner is not having any relevant document in his possession, therefore, he is not able to submit proper reply and further time may be granted but in spite of the aforesaid fact, a recovery citation has been issued to the petitioner for recovery of an amount of Rs. 2,74,850. 00 plus other expenses dated 20-7-2006.

(3.) THE reliance has been placed by the petitioner upon the various judgments of this Court that no recovery can be made against the petitioner as arrears of land revenue. Aggrieved by the aforesaid order, the petitioner has filed the present writ petition.