The petition seeks issuance of a writ in the nature of certiorari quashing order dated 08.06.2020 passed by respondent no.5/Deputy Collector, Sadar, Lucknow, which is appended with the petition as Annexure - 1.
The brief facts of the case is that on 1.12.2009 the petitioner was appointed on the post of Technical Manpower for data-feeding by Prayokta Prabhar Samiti, Tehsil Level, Lucknow (hereinafter referred to as 'Samiti' in short). The Deputy Collector, Sadar, Lucknow is President of the aforesaid Samiti. As per learned counsel for the petitioner, the petitioner immediately joined on the post and since then the petitioner is continuing on the post in question. Learned counsel for the petitioner has further submitted that a bond was executed between the petitioner and the respondent no.3/Deputy Collector, Sadar, Lucknow in a capacity of Chairperson of the Samiti. It has categorically been indicated in the said bond that the services of the petitioner can be dispensed with only on the irregularities or misconduct on being found proved in the inquiry.
Sub-Divisional Officer, Sadar, Lucknow issued a show cause notice dated 20.8.2018 requiring the petitioner to submit an explanation on the allegation that the beneficiaries, whose claim was forwarded under the digital signature of Deputy Collector, Sadar, Lucknow has been found ineligible and the working of the petitioner appears to be suspicious. Just after receiving the aforesaid show cause notice, the petitioner submitted his explanation on 21.8.2018 denying the charges leveled against him stating that applications have been forwarded only when the competent authority i.e. Deputy Collector has permitted to use the digital signature after verification as the digital signature is contained in pen-drive, which remains under the lock and key of authority concerned i.e. Deputy Collector who has himself found that 50% applications were not received and it was one Sri Ram Naresh, Naib-Nazir who made inspection relating to ineligibility and no work is directly awarded to the petitioner as his duties are for data-feeding only.
As per learned counsel for the petitioner despite submitting the specific and categoric reply to the show cause notice, the Samiti made a recommendation on 25.8.2018 for cancellation of bonds and also termination of service of the petitioner on the aforesaid allegations.
It is submitted that petitioner lodged a complaint/representation dated 4.11.2018 under the Complaint Redressal Portal regarding his termination of service.
On 19.12.2018, the petitioner was informed that he has been placed under suspension in respect of the aforesaid alleged irregularities allegedly committed by him but no formal order to that effect has ever been issued. Feeling aggrieved out of aforesaid inaction the petitioner lodged another complaint/representation dated 1.1.2019 under Complaint Redressal Portal. However, on 17.1.2019, the petitioner was informed that his services have been terminated on account of the alleged irregularities which are said to have been committed by the petitioner. However, as per the learned counsel for the petitioner, the petitioner had not committed any irregularity as alleged.
Learned counsel has submitted that Sri Ram Naresh, Naib Bazir was proceeded departmentally vide charge-sheet dated 29.01.2019 on identical charges and he has been punished by holding that the present petitioner is not guilty of charges.
It is submitted that the petitioner filed a petition bearing Writ Petition No.4858 (SS) of 2019 assailing aforesaid orders which was allowed by a co-ordinate Bench of this Court vide order dated 09.08.2019 with directions to the respondents/concerned authorities to allow the petitioner in service ignoring the aforesaid orders as also to pay all consequential benefits by treating that aforesaid orders were never issued.
Learned counsel has submitted that in compliance of order dated 09.08.2019 (supra), the petitioner was reinstated in service from September, 2019 to April, 2020 but he has not been paid arrears of salary w.e.f. 01.09.2019 to August, 2019.
Learned counsel has submitted that neither the charges have been framed nor charge-sheet has been issued to the petitioner so far, nor date, time or place for holding the inquiry has been fixed and communicated to the petitioner. It is further submitted that opportunity for personal hearing was also not awarded to the petitioner. The impugned order dated 08.06.2020 (supra) has been passed in utter disregard of the rules relating to disciplinary proceedings and principle of natural justice and deserves to be quashed.
Per Contra, learned counsel for the State has vehemently opposed the submissions made by petitioner's counsel and submitted that the petitioner was working on the post of technical manpower in Tehsil Sadar, District Lucknow on contract basis on a consolidated pay of Rs.17,500/- per month. The petitioner has misused the digital signature and has failed to perform his duties with due integrity and therefore, causing for loss to the department, contract of appointment to the petitioner has been cancelled by Sub-Divisional Magistrate, Sadar, Lucknow vide order dated 01.09.2018.
Learned counsel has further submitted that challenging order dated 01.09.2018 (supra), a writ petition bearing No.4867 (SS) of 2019 was filed by the petitioner which was disposed of vide order dated 09.08.2019. Thereafter, a representation was moved by the petitioner and in furtherance thereof, the petitioner was again posted as Technical Manpower on contract basis in Tehsil Sadar, Lucknow.
Learned counsel has submitted that vide order dated 09.08.2019, the co-ordinate Bench granted liberty to the opposite parties that the said judgment and order shall not preclude the competent authority from taking a fresh decision in the matter of the petitioner. Therefore, a notice dated 06.01.2020 was issued to the petitioner calling upon his explanation alongwith relevant record and evidence as to why contractual appointment be not terminated and after receiving reply of the petitioner and after affording due opportunity of hearing, it was found that the petitioner having been known to the User Id and Password of the Sub-Divisional Magistrate, Tehsil Sadar, District Lucknow has misused the digital signature of the SDM. Accordingly, for such a serious and illegal act on the part of the petitioner, his contract for appointment dated 01.12.2009 has been terminated by respondent no.3.
Learned counsel for the State has submitted that in view of the above, the impugned order does not suffer from any illegality or infirmity calling upon interference by this Court. Inquiry was held against the petitioner in accordance with law and after completion of the inquiry, the petitioner was found guilty for misusing the digital signature of respondent no.3, therefore, the impugned order has been passed. In such circumstances, the instant petition is devoid of merit and be dismissed as such.
Counter and rejoinder affidavits have been filed by the parties and are available on record.
I have heard learned counsel for the parties and perused the record.
Having heard learned counsel for the parties and after perusal of the material on record, I found that the impugned order dated 08.06.2020 has been passed in the teeth of order dated 09.08.2019 rendered in Writ Petition No.4858 (SS) of 2019. Vide order dated 09.08.2019 (supra), the said writ petition was allowed by quashing the order of termination and allowing the petitioner to continue in service alongwith all consequential benefits ignoring the order of termination and also directed the respondents to conduct full-fledged departmental inquiry after affording opportunity of hearing to the petitioner in accordance with law. .
After perusal of the records, I do not find that proper departmental proceeding has been initiated as per order dated 09.08.2019 (supra), therefore, I am convinced with the argument of petitioner's counsel that the impugned order has been passed in the teeth of order dated 09.08.2019 (supra).
In view of the above, the instant writ petition is allowed.
Impugned order dated 08.06.2020 (Annexure - 1) passed by respondent no.5/Deputy Collector, Sadar, Lucknow is hereby quashed.
The respondents are directed to reinstate the petitioner in service as Technical Manpower with all consequential benefits.
So far as prayer of the petitioner regarding arrears of salary w.e.f 01.09.2018 to August, 2019 is concerned, the same cannot be granted on the principle of No Work No Pay as rendered by Hon'ble Supreme Court of India.
Order Date :- 12.1.2021 nishant/-