Court No. - 2
Case :- WRIT - A No. - 6657 of 2019 Petitioner :- Nooruddin Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Chandan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Petitioner is posted as Technical Assistant and was attached to the MANREGA Cell in district Aligarh. It appears that a show cause notice was issued to petitioner on 7.12.2018 on the charge that even without any construction made amount running into lacs have been paid towards wages under MANREGA scheme. Petitioner has submitted reply to show cause notice on 24.12.2018, stating that he was not the appropriate authority in respect of such project, nor he has issued any order in that regard. In his reply, petitioner has further stated that bills were sanctioned by the Accountant and the Programme Officer in which there was no infirmity.
However, the District Magistrate in his capacity as the District Programme Officer has passed order impugned dated 29.1.2019, discontinuing petitioner's engagement in the scheme itself. The order is also challenged on the ground that petitioner's reply has not been dealt with at all and that in the preliminary enquiry, which was conducted, neither petitioner was associated with it, nor was given any opportunity to participate. It is also submitted that since stigma is attached, due procedure was expected to be followed by the authorities, but it is found lacking.
Although learned Standing Counsel has tried to defend the order impugned, but from its perusal no consideration could be shown to petitioner's reply. In such circumstances, learned Standing Counsel submits that the authorities be permitted to revisit the issue.
From the facts and circumstances, noticed above, this Court finds that neither petitioner's reply has been dealt with nor any reason has been assigned to discard reply of the petitioner. Considering the fact that petitioner was not otherwise associated in enquiry etc., it would be appropriate to dispose off this writ petition directing the District Magistrate concerned to examine petitioner's grievance and to pass a fresh order, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. In order to facilitate consideration of cause, afresh, and also for the reasons that principles of natural justice have otherwise shown not to have been complied with, the order dated 29.1.2019 stands quashed.
Writ petition stands allowed.
Order Date :- 29.4.2019 S.Prakash