Thursday, October 6, 2022

Allahabad High Court stays coercive action against resigned PAC constable

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The Allahabad High Court has stayed coercive action under the order for recovery of training expenses and salary received by the Commandant for resigning from the PAC constable within one-and-a-half year of his appointment and sought a response from the state government on the plea within four weeks.

A single-judge bench of Justice Rajiv Joshi passed this order while hearing a petition filed by Kamal Prakash.

The writ petition under Article 226 of the Constitution of India has been filed for quashing the order dated 17.01.2022 passed by the respondent no 2 whereby recovery of Rs 7,83,857 has been issued against the petitioner.

Counsel for the petitioner submitted that the petitioner was selected on the post of Constable in Provincial Armed Constabulary (PAC) on 02.12.2019 and sent for reserved training course on 12.01.2019 and after completion of training he was posted as a Constable on 31.07.2020.

Subsequently, the petitioner resigned on 09.12.2021 but his resignation letter has not been accepted by the competent authority till date and in the meantime the impugned recovery has been issued.

Counsel for the petitioner further submitted that as per the bond executed prior to the training, it is clear that if the petitioner resigns within one year of his joining then recovery be made from him that is with regard to the cost of Uniform, Salary, which has been paid to him and the expenditure on his training.

The Court found that the petitioner had become constable after training on 31.07.2020 and one year was completed on 31.07.2021 and he resigned on 09.12.2021 that is much after joining the service and as such the impugned order cannot be passed.

The Court said that the matter requires consideration.

“Standing Counsel, who accepted notice on behalf of the respondents prays for and is granted four weeks’ time to file counter affidavit. Rejoinder Affidavit, if any, may be filed within three weeks thereafter.

Till the next date of listing, no coercive action shall be taken against the petitioner pursuant to the order dated 17.01.2022 passed by the respondent no 2, Commandant PAC, Meerut,” the Court ordered.

The Court has fixed the next date of hearing on the petition on July 25, 2022.

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