Court No. - 34
Case :- WRIT - A No. - 40406 of 2001 Petitioner :- Kishore Kumar Respondent :- U.P.S.R.T.C. & Others Counsel for Petitioner :- Raj Singh Counsel for Respondent :- V.P. Mathur, A.Mishra, J.N. Singh, S.C.
Hon'ble Sudhir Agarwal,J.
Order on Civil Misc. Recall/Restoration Appl. No. 377836 of 2016
1. This is an application seeking recall of orders dated 01.03.2011 and 30.11.2016.
2. Cause shown for non-appearance is sufficient.
3. Orders dated 01.03.2011 and 30.11.2016 are hereby recalled.
4. This application, accordingly, stands allowed.
Order Date :- 21.12.2018 Siddhant Sahu
Court No. - 34
Case :- WRIT - A No. - 40406 of 2001 Petitioner :- Kishore Kumar Respondent :- U.P.S.R.T.C. & Others Counsel for Petitioner :- Raj Singh Counsel for Respondent :- V.P. Mathur, A.Mishra, J.N. Singh, S.C.
Hon'ble Sudhir Agarwal,J.
1. Orders dated 01.03.2011 and 30.11.2016 having been recalled vide order of date passed on Recall Application, writ petition is restored to its original number.
2. As requested and agreed by learned counsel for parties, I proceed to hear and decide this case at this stage.
3. This writ petition is directed against order dated 30.08.2001 (Annexure-10 to writ petition) passed by respondent-2, Service Manager, U.P. State Road Transport Corporation, Meerut (hereinafter referred to as "U.P.S.R.T.C.") imposing punishment of removal from service of petitioner after charges of misconduct was found proved in departmental enquiry.
4. Serious charges of assault on senior officer by petitioner was found proved in departmental enquiry and, thereafter, punishment order has been passed.
5. When questioned, learned counsel for petitioner could not dispute that departmental enquiry was conducted after giving due opportunity of hearing to petitioner.
6. In view thereof, I do not find any manifest error in decision making process warranting interference.
7. Writ petition lacks merit. Dismissed accordingly.
Order Date :- 21.12.2018 Siddhant Sahu