Allahabad High Court
ASHOK KUMAR RAIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court permits the petitioner to submit a reply to the show‑cause notice within three weeks and directs the respondent to pass appropriate orders thereafter.
Summary
Petitioner Ashok Kumar Rai filed a writ petition challenging a recovery order dated 03.08.2024 issued by the Commandant of the 39th Vahini, P.A.C., Mirzapur. The recovery order was passed after a show‑cause notice dated 24.07.2024 was issued and received by the petitioner on 25.07.2024, to which the petitioner did not file a reply. The court observed that the petitioner had concealed the existence of the show‑cause notice in his petition. After hearing both sides, the court directed the petitioner to file a reply to the show‑cause notice within three weeks and instructed the respondent to pass appropriate orders within four weeks. The impugned order is stayed pending the final order of the respondent.
Issues considered
- Whether the petitioner can be compelled to file a reply to the show‑cause notice before the recovery order can be confirmed
- Whether the writ petition should be dismissed or the petitioner should be given an opportunity to comply with the procedural requirement
Subjects
- Writ Petition
- Show Cause Notice
- Recovery Order
- Procedural Fairness
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6869 of 2026
Ashok Kumar Rai
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Narain
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Learned Standing Counsel placed before this Court the instructions
dated 06.05.2025, same is taken on record.
2. The order dated 03.08.2024 passed by the respondent no.4 by which
recovery is sought against the petitioner is under challenge in the present
writ petition.
3. It is stated in the aforesaid order itself, which has been pointed out by
the learned Standing Counsel that before passing the aforesaid order a
show cause notice was issued by the respondent no.4 to the petitioner on
24.07.2024, which was duly received by him on 25.07.2024. For the
reasons best known to the petitioner no reply has been submitted and in
absence of the same having no option the order of recovery has been
passed against the petitioner.
4. From perusal of the aforesaid and from perusal of pleadings as
contained in the writ petition it is clear that the fact for issuance of show
cause notice has been concealed by the petitioner while approaching this
Court by filing present writ petition.
5. Heard learned counsel for the parties and perused the records.
6. In the facts and circumstances of the case, present writ petition is
disposed of permitting the petitioner to submit a reply to the aforesaid
show cause notice before the respondent no.4-Commandant, 39th Vahini,
P.A.C., Mirzapur within three weeks from today. If it is so the respondent
WRIA No. 6869 of 2026
2
no.4 is directed to pass appropriate orders in accordance with law within
next four weeks.
7. The order impugned will be subject to final out of the order passed by
the respondent no.4.
(Prakash Padia,J.)
May 7, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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