Court No. - 39
Case :- WRIT - A No. - 14752 of 2019 Petitioner :- Nitin Mehta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari,Prem Prakash Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 2, Sri Jai Krishna Tiwari, learned counsel for the respondent nos. 2, 4, 5 & 6 and Sri Prem Prakash Yadav, learned counsel for the respondent no.7.
With the consent of the parties, the writ petition is being decided without calling for counter affidavit.
Learned counsel for the petitioner submitted that vide order dated 13.9.2019, respondent no.5 has instructed the respondent no.7 to cancel the appointment of petitioner as his appointment was made contrary to Rules. By the same impugned order, respondent nos. 4 & 5 were directed to stop the salary of the petitioner. He next submitted that once the petitioner is in service and also getting salary, without cancelling his appointment, his salary cannot be stopped, therefore, so far as this part of order is concerned, the same is absolutely bad and liable to be set aside.
Learned counsel for the respondents could not justify about stopping the salary of petitioner without cancelling his appointment.
Therefore, under such facts and circumstances, the order dated 13.9.2019, so far as it restrains the payment of salary, is hereby quashed. However, it is open for the respondents to proceed with the order dated 13.9.2019 in accordance with law for cancelling his appointment and during the pendency of proceedings, petitioner shall be paid salary on month to month basis.
With the aforesaid observations, the writ petition is partly allowed. No order as to costs.
Order Date :- 27.9.2019 Junaid