Court No. - 36
Case :- WRIT - A No. - 13196 of 2020 Petitioner :- Lalmani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Learned counsel for petitioner submits that a writ petition of similarly situated person has already been allowed by this Court vide order dated 19.10.2020 passed in Writ-A No. 7618 of 2020 (Chandra Bhan Singh vs. State of U.P. and others). He prayed that similar order may be passed in the present writ petition also.
2. The above referred order is reproduced hereunder:
"Heard Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State - respondents.
The petitioner is aggrieved by the order of termination dated 25/26.08.2020 passed by the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj as well as the order of the State Government dated 07.08.2020.
The petitioner was appointed on a contract. The order of termination dated 25/26.08.2020 records various financial irregularities committed by the petitioner. It is clearly stigmatic in nature. The order of termination further references the direction of the State Government dated 07.08.2020 directing the termination of the services of the petitioner.
\Learned Standing Counsel on the basis of instructions could not dispute the fact that enquiry report was the foundation of termination of the services of the petitioner. The failure to associate the petitioner with the enquiry and also to furnish the enquiry report to him is not denied.
Clearly the order of termination dated 25/26.08.2020 was passed in violation of principles of natural justice. The order dated 25/26.08.2020 does not reflect independent application of mind by the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj. It has been passed on the directions of the superior authority in the order dated 07.08.2020.
The order dated 25/26.08.2020 and the government order dated 07.08.2020 (in so far as it directs the termination of the services of the petitioner), are arbitrary and illegal.
The order dated 25/26.08.2020 passed by the respondent No.3- District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj and the Government order dated 07.08.2020 (only in so far as it directs the termination of the services of the petitioner) are liable to be set aside and are set aside.
Prima facie the charges against the petitioner are grave. The matter cannot be allowed to rest there and the charges have to be investigated independently.
The matter is remitted to the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority.
A writ in the nature of mandamus is issued commanding the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority to execute the following directions:
I. The respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority shall ensure that a proper enquiry is conducted against the petitioner as per procedure known to law.
II. A charge-sheet shall be served upon the petitioner along with documents proposed to be relied against him.
III. The enquiry officer shall conduct the enquiry as per law and provide opportunity of hearing to the petitioner.
IV. In case enquiry proceedings indicts the petitioner, the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority shall issue a show cause notice along with a copy of the enquiry report to the petitioner.
V. Upon receipt of the reply of the petitioner, the respondent No.3- District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority shall pass a fresh order in accordance with law after independent application of mind.
VI. The respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority shall not be influenced by any observation made in this order.
VII. The petitioner undertakes to cooperate with the enquiry proceedings.
VIII. In case the petitioner does not cooperate with the enquiry proceedings, the enquiry proceedings shall continue as per law and appropriate orders shall be passed by the respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority.
IX. The respondent No.3-District Magistrate, Prayagraj/District Programme Coordinator, Prayagraj/ competent authority and enquiry officer shall ensure that under all circumstances, enquiry is concluded within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order be self attested by the counsel of the party concerned and the Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The writ petition is allowed to the extent indicated above."
3. Learned Standing Counsel appearing for State submits that he has no objection if the present writ petition is also decided in terms of aforesaid order.
4. In view thereof, for the reasons given in judgment dated 19.10.2020 passed in Writ-A No. 7618 of 2020 and in the same terms, this writ petition is allowed. Impugned order dated 25/26.08.2020 and Government Order dated 07.08.2020 (in so far as it directs the termination of services of petitioner), are hereby set aside.
Order Date :- 6.1.2021 AK