Court No. - 33
Case :- WRIT - A No. - 12029 of 2021 Petitioner :- Daan Singh Rana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey,A.C.Tiwari(Ac) Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order, dated 10th June, 2021, which records that petitioner has not been working since long and, therefore, his absence from his contractual assignment is adversely affecting the public work. With such finding the engagement of petitioner's has been discontinued. This order also refers to various notices issued to petitioner and it is alleged that the petitioner has not responded to such notices.
With reference to the averments made in the writ petition and the supplementary affidavit filed today, it is stated that petitioner had submitted reply to the notice on 28.5.2021 to the Block Development Officer and his absence partly was due to reasons beyond his control since he had suffered from Covid-19. It is stated that petitioner's reply has not been considered before discontinuing his engagement.
Learned Standing Counsel opposes the prayer made in the writ petition.
Question as to whether petitioner had submitted justification for his absence etc. can be better examined by the second respondent, at the first instance. This reply, on merits can otherwise be examined even now, as per law.
Petitioner, therefore, is permitted to approach respondent no. 4 alongwith a copy of this order, annexing all materials in support of his claim including earlier reply submitted before the District Programme Officer. The District Programme Officer shall get the facts inquired into and would pass necessary orders in respect of petitioner's claim, after considering his reply, within a period of two months. The order, dated 10th June, 2021, shall abide by the fresh order to be passed by the District Programme Officer, as directed above.
With the above observations and directions, this writ petition stands disposed of.
Order Date :- 28.10.2021 Ranjeet Sahu