Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 528 of 2021 Appellant :- Kesh Pal Yadav Respondent :- State Of U.P. Through Secretary Medical Health And 3 Others Counsel for Appellant :- Sanjay Kumar Srivastava,Devesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
Civil Misc. Exemption Application No. 1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Memo of Appeal By this appeal, a challenge is made to the order dated 07.07.2021, whereby the writ petition preferred by the petitioner/appellant against the termination of his service was dismissed. The Court found that the appointment of the appellant on the post of Lab Technician was on contractual basis. He was served with a show cause notice before an order of termination. The show cause notice was containing facts regarding Covid Rapid Test by the petitioner and a report of the patient named as Pankaj Sagar. It was shown to be negative on the prescription itself. It was in the handwriting of the petitioner/appellant. The said patient was found to be positive. The petitioner/appellant was having no authority to conduct Covid Rapid Test gave report within 15 minutes of the test.
After considering the material available on record, it was found by the learned Single Judge that petitioner/appellant was not authorize to conduct rapid test but he did it with a report within 15 minutes of the test. The report aforesaid would have damaged life of the patient as with the negative one would not think to go for the treatment.
The learned Single Judge has called for the affidavit of C.M.O. Aligarh to find out whether the petitioner/appellant could have conducted rapid test or not. In the affidavit, it is stated that Covid test is to be conducted followed by a report by Pathologist under his signature. The petitioner/appellant illegally issued the report under his signature and thus was not found fit to continue on contractual basis and thereby the writ petition was dismissed.
We find no error in the judgment of the learned Single Judge. Accordingly, the appeal fails and is dismissed.
Order Date :- 28.7.2021 A. Singh (Subhash Chandra Sharma,J.) (Munishwar Nath Bhandari, A.C.J.)