Court No. - 6
Case :- WRIT - A No. - 4797 of 2020 Petitioner :- Girijesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailesh Verma Counsel for Respondent :- C.S.C.,Prashant Pandey
Hon'ble Pankaj Bhatia,J.
Heard Shri Man Bahadur Singh, learned counsel for the petitioner and Shri Ravi Prakash Pandey and Shri Prashant Pandey, learned counsel for the respondent nos. 4 and 5.
The present petition has been filed challenging the order of termination dated 15.11.2016, whereby the services of the petitioner have been terminated based upon an enquiry, which was got conducted and which gave its report on 11.11.2016.
The contention of learned counsel for the petitioner, in short, is that the order of termination has been passed in complete violation of principles of natural justice. He argues that the petitioner was served with a charge-sheet, to which the petitioner filed a reply, however, subsequently no dates were fixed and the impugned order was passed.
A perusal of the impugned order shows that the same is based upon an enquiry, which was got conducted by a Committee, which gave its report on 11.11.2016. The specific contention of learned counsel for the petitioner is that no such report was ever furnished. A perusal of the order impugned does not show the consideration of the case of the petitioner or the service of the committee's report on the petitioner.
In view thereof, without going into the merits of the order, the order dated 15.11.2016 deserves to be set aside and, accordingly, set aside only on the grounds of violation of principles of natural justice. The respondents shall be at liberty to pass fresh orders in accordance with law, if so advised.
The writ petition is allowed in terms of the said order.
Needless to say that the petitioner shall be entitled to all the benefits.
Copy of the order downloaded from the official website of this Court shall be accepted/treated as certified copy of this order.
Order Date :- 27.7.2021 S. Rahman