Court No. - 38
Case :- WRIT - A No. - 11131 of 2019 Petitioner :- Geeta Prajapati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 27.6.2019, passed by District Programme Officer, Maharajganj, whereby her contractual appointment has been terminated on specific charges levelled against her. It is submitted that though a show cause notice was issued on 6th June, 2019, but the same was served upon the petitioner on 20th June, 2019. Submission is that when petitioner appeared for submitting her reply to the show cause notice, the same was not entertained and instead an order of termination has been passed. It is also submitted that principles of natural justice have been violated and on false and incorrect accusations, the petitioner has been terminated from service.
Learned Standing Counsel states that the petitioner's reply would be examined by the competent authority, in accordance with law.
It is admitted on record that though a show cause notice was served but according to petitioner the same was not served within a week and consequently petitioner's reply has not been considered in the matter. Discontinuance of contractual engagement is on specific charges. Admittedly petitioner's reply has not been considered.
In that view of the matter, it would be appropriate to permit the petitioner to approach the District Programme Officer, Maharajganj and submit her reply by annexing all materials in support of her claim. In case such a reply is submitted within a period of two weeks form today, the authority concerned shall examine petitioner's claim on merits and pass an appropriate reasoned order within a period of two months, thereafter. The order impugned in the present writ petition shall remain subject to fresh order to be passed by the authority concerned, as indicated above.
Subject to aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 26.7.2019 n.u.