SURENDRA DUTT KAUSHIK Vs. STATE OF U.P.

JUDGEMENT

(1.) This is second round of litigation. In earlier round petitioner has approached this Court by way of filing Writ-A No. 9948 of 2023, which was allowed by a judgment dtd. 15/12/2023, whereby the impugned order dtd. 20/5/2023 therein passed by the District Basic Education Officer, Baghpat and a Consequential Order dtd. 24/5/2023 passed by the Block Development Officer, Baraut, Baghpat, were set aside and a mandamus was issued to respondents to accord post retiral benefits to petitioner as permissible in law forthwith. A further liberty was granted that amount alleged to be embezzled could be recovered if it is permissible under any provision of law. For reference relevant part of judgment dtd. 15/12/2023 is reproduced hereinafter:

(2.) Subsequently the District Basic Education Officer, Baghpat passed an order dtd. 11/1/2024 and was communicated to Director, Mid Day Meal Authority, U.P., whereby permission was sought under Article 351A of Civil Service Regulations to proceed with inquiry against petitioner. For reference relevant part of said order is mentioned hereinafter:

(3.) In above background, the Special Secretary, Government of Uttar Pradesh made a communication to the Director, Mid Day Meal Authority vide a letter dtd. 7/11/2025 that State has taken a decision that amount of about Rs.11.00 lacs already determined in inquiry shall be recovered from petitioner under the provisions of Article 351A of Civil Service Regulations. For reference contents of letter dtd. 7/11/2025 is reproduced hereinafter: <IMG>JUDGEMENT_67_LAWS(ALL)2_2026_10.jpg</IMG>