Court No. - 58
Case :- WRIT - A No. - 15793 of 2018 Petitioner :- Chhaya Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 4.12.2017, passed by the District Commandant, Home Guards, Fatehgarh, Farrukhabad, whereby petitioner's appointment itself has been cancelled on the post of Home Guard. The order records that petitioner made false and incorrect allegations of demand of bribe in assigning duties to her. It is also recorded that petitioner has made false allegation that a sum of Rs.20,000/- is being demanded from her for change of address. It is also stated that petitioner's address now falls in district Kannauj and petitioner could, at best, be allowed to continue at Kannauj, but by pressurizing the authorities, petitioner is trying to seek continuance at Fatehgarh, District Farrukhabad. With such charges the petitioner has been terminated from service. The order further records that the allegations made by the petitioner have been got examined by the Commandant of a different district i.e. Agra, and all such allegations have been found incorrect.
Learned counsel for the petitioner submits that no enquiry has been conducted in the matter, nor petitioner has been associated with any such proceedings. It is also stated that petitioner is willing to work at Kannauj, in case she ought to function there on account of change of territorial limits of district Farrukhabad, pursuant to creation of district Kannauj.
Learned Standing Counsel has supported the order impugned for the reasons recorded therein.
An affidavit has also been filed by the Commandant General, Home Guards, stating that petitioner has made false and incorrect allegations against the higher authorities.
I have heard learned counsel for the parties and have perused the materials brought on record.
Although it is stated that the allegations made by the petitioner have been got verified, but it is not in issue that no enquiry has been got conducted in the matter, nor the petitioner has been associated in any such proceedings. It further appears that certain serious allegations were otherwise levelled against the driver of the District Commandant and criminal proceedings have been initiated against him. The main charge against the petitioner is that she has been pressurizing the authorities to allow her to continue at Fatehgarh, District Farrukhabad, but petitioner could, at best, be continued at Kannauj.
In the circumstances, noticed above, this Court finds that even if the allegations levelled by the petitioner that bribe was demanded from her for allotting duty or correcting her address are found not to be proved, yet, merely for such reasons her appointment itself ought not to have been cancelled. This is particularly so, as principles of natural justice are shown to be violated, inasmuch as the petitioner has not been afforded any opportunity in the process. Petitioner's allegation that she was physically molested by the driver of the District Commandant also required examination, in view of the fact that a first information report was lodged and disciplinary action was also initiated against the concerned driver.
In the facts and circumstances, petitioner's allegation that she has been victimized on account of levelling of allegations against the driver of the District Commandant appears to have substance. In case the authorities have found that petitioner could have continued only at Kannauj, they could have passed orders directing her to continue as Home Guard at Kannauj, but the cancellation of her appointment, in such circumstances, is wholly unwarranted.
Consequently, the writ petition succeeds and is allowed. The order dated 4.12.2017 stands quashed. Petitioner would be reinstated as Home Guard and would be allotted work as per standard norms. It shall, however, be open for the authorities to post the petitioner at Kannauj.
Order Date :- 23.8.2018 Ashok Kr.