- (1.) This Special Appeal is directed against the order dated 22 February 2018 passed by a learned Judge of this Court granting time to the respondents to file the counter affidavit after perusing the instructions placed by learned Standing Counsel.
(2.) The writ petition had been filed by an Assistant Development Officer, Block Shahpur, Tehsil Budhana in District Muzaffar Nagar to assail the recovery order dated 28 November 2017 passed by the Deputy Commissioner/Up-Ayukta, Shram Rojgar (MGNREGA), Muzaffar Nagar.
(3.) It is sought to be contended by Sri Ashok Khare, learned Senior Counsel appearing for the appellant that in regard to the two persons mentioned in the show-cause notice and the impugned order, interim orders had been granted by the Court but in the case of the appellant, the Court granted time to the learned Standing Counsel to file the counter affidavit. It is also the submission of learned Senior Counsel for the appellant that though the show-cause notice dated 7 October 2017 was issued by the District Magistrate/District Programme Co-Ordinator, Muzaffar Nagar requiring the petitioner to submit a reply within three days and even though the petitioner had submitted a reply but the impugned order dated 28 November 2017 neither refers to the show-cause notice or the reply submitted by the petitioner. It is, therefore, his submission that the impugned order deserves to be set aside for the reason that principles of natural justice had not been complied with.;