Case :- WRIT - A No. - 12007 of 2021 Petitioner :- Abhishek Kumar Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Singh,Rajnish Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed in the matter on 16.09.2021:-
"Learned Standing Counsel to seek reply in respect of the averments made in paragraph 27 of the writ petition whether the procedure mandated in Government Order dated 07.03.2019 pertaining to contractual appointment was followed before passing the impugned termination order.
Put up this matter as fresh on 30.09.2021."
Again when the matter was taken up, this Court passed following orders on 30.09.2021:-
"Learned counsel for the petitioner prays for time to file a supplementary affidavit in support of his oral contention that the District Magistrate straightaway passed the impugned order without the charge having been examined by the Committee constituted in terms of the Government Order of 07 March 2019.
In view of the aforesaid, include this petition in the list of fresh cases of 25 October 2021. The supplementary affidavit may be filed in the meanwhile. "
The Government Order dated 07.03.2019 contemplates an appropriate consideration at the level of the Committee chaired by the Chief Medical Officer and four other members including a nominee of the District Magistrate. In the facts of the present case it is found that the order impugned has been passed by the District Magistrate and despite opportunity granted on the previous occasion learned Standing Counsel has not been able to place any material which may show that the appropriate Committee in terms of the Government Order dated 07.03.2019 examined the issue. The instructions furnished by the Standing Counsel is silent in this regard.
Allegations with regard to irregularities in working of contractual employees has to be dealt with in terms of the Government Order. Since procedure stipulated therein has not been followed as such the order impugned dated 03.06.2021 passed by the District Magistrate cannot be sustained and is set aside. The matter shall be referred to the Committee constituted in terms of the Government Order dated 07.03.2019 and based upon the consideration made by it an appropriate decision would be taken by the competent authority in accordance with law. Required consideration would be made within a period of six weeks from the date of presentation of a copy of this order.
Subject to the above observations this petition stands disposed of.
Digitally signed by ASHWANI KUMAR MISHRA Date: 2021.10.25 16:45:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad