Court No. - 34
Case :- WRIT - A No. - 13963 of 2003 Petitioner :- Smt. Munni Devi Sharma Respondent :- District Basic Shiksha Adhikari And Others Counsel for Petitioner :- S.K. Lal Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S. K. Lal, learned counsel for petitioner and learned Standing Counsel for State-respondents.
2. Learned counsel for petitioner contended that impugned order of termination of service has been passed on the direction of U. P. Scheduled Castes and Scheduled Tribes Commission, Lucknow which was forwarded by District Basic Education Officer in pursuant thereto Manager of Smt. Ram Beti Girls Junior High School Mendu, District-Aligarh (now District- Mahamayanagar) has passed impugned order dated 19.2.2003. It is contended that neither any enquiry was conducted, nor any opportunity was afforded to petitioner before his termination from service and in any case U. P. Scheduled Castes and Scheduled Tribes Commission had no authority to issue such direction.
3. This matter is pending since 2003 but respondents have chosen not to file counter affidavit till date. Learned Standing Counsel has also failed to show any provision under which U.
P. Scheduled Castes and Scheduled Tribes Commission could have passed such an order.
4. In view thereof, impugned order cannot be sustained. Impugned order dated 19.2.2003 (Annexure 6 to writ petition) is hereby set aside.
5. Writ petition is, accordingly, allowed. Petitioner shall be entitled to all consequential benefits.
Order Date :- 27.4.2018
Manish Himwan