Court No. - 39
Case :- WRIT - A No. - 21242 of 2019 Petitioner :- Harveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhawesh Pratap Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was engaged as a Conductor on contractual basis in the respondent corporation. His services have been disengaged/terminated by the order impugned, contained in Annexure-1 to the writ petition, on the charge that he caused financial loss to the Corporation amounting to Rs.157201.00. A communication dated 24.12.2018 has also been annexed, as per which petitioner is one of those who has been terminated on specific charges of misconduct.
Learned counsel for the petitioner states that neither any opportunity of hearing has been given to petitioner nor his claim has been examined in the arbitration proceedings. Submission is that the termination of services in the facts and circumstances of the case, is violative of principles of natural justice.
Learned counsel for the petitioner has invited attention of the Court to a communication dated 24.12.2018, as per which arbitration also would not be possible in a case where contractual employees is terminated on specific charges of misconduct.
Sri Anadi Krishna Narayana, learned counsel appearing for the respondent Corporation although opposes the petition, but it is not disputed that neither any inquiry has been conducted nor even an opportunity of hearing has been given to petitioner.
In such circumstances, this petition succeeds and is allowed. Order impugned dated 25.8.2018, passed by respondent no. 4, is accordingly quashed. Matter stands remitted to the authority concerned for proceeding afresh, in accordance with law. It goes without saying that the petitioner would be reinstated in service and would be entitled to all other benefits, in term of his contractual engagement, unless a fresh order is passed by the competent authority.
Order Date :- 20.12.2019 Ranjeet Sahu