Court No. - 28
Case :- WRIT - A No. - 2927 of 2019 Petitioner :- Jai Bhagwan Sharma Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pradeep Kumar Bhardwaj Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Pradeep Kumar Bhardwaj, learned counsel for petitioner; Standing Counsel for respondent No.1; and Shri Chandan Agarwal for respondent Nos. 2 to 5.
Petitioner is an Assistant Store Keeper in Vidhyut Bhandar Kendra, Bulandshahr, previously he was posted at Sahibabad.
It is urged that certain irregularities were committed by him and in audit report, a liability to the tune of Rs.1,30,300/- has been fixed upon the petitioner.
A show cause notice was given to the petitioner on 26.11.2018, which is at page No.17 of the paper book.
The submission of the counsel for petitioner is that petitioner specifically replied the said show cause notice on 04.12.2018, which is appended as Annexure No.2 at page No.22.
The Managing Director, respondent No.3, by order dated 24.12.2018, without considering reply of the petitioner to show cause notice, held that petitioner is liable for the aforesaid amount pursuant to which the Superintending Engineer passed an order on 29.12.2018 directing that Rs.5,000/- per month shall be deducted from the salary of petitioner.
Shri Bhardwaj contends that the principles of natural justice demands that the reply submitted by him should have been considered by the respondent-Authorities before passing the order impugned.
Shri Chandan Agarwal appearing for the respondent- Power Corporation very fairly submits that the order impugned does not deal with the reply given by petitioner.
In view of the above, the order dated 24.12.2018 passed by the Managing Director, respondent No.3 and order dated 29.12.2018 passed by the Superintending Engineer are quashed. It shall be open to the respondents- Authorities to pass orders afresh after considering the reply of petitioner.
The writ petition stands disposed of. Order Date :- 25.2.2019 A.N. Mishra