Court No. - 36
Case :- WRIT - A No. - 17577 of 2021 Petitioner :- Purushottam Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Namit Kumar Sharma,Gunjan Sharma Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The petitioner by means of present writ petition has assailed the order dated 27.10.2021 passed by respondent no.2 by which the service of the petitioner has been terminated.
Petitioner is working as Technical Assistant at Block Birdha, District Lalitpur. It appears that some enquiry has been constituted to enquire about the allegation against the petitioner that the measurement of the construction material was not properly done and he has made payment to the firm of his brother M/s Yogi Construction illegally. It appears the three member enquiry committee found the petitioner guilty for conducting measurement of substandard material and on the basis of said report, the respondent no.2 by order dated 27.10.2021 terminated the services of the petitioner.
Challenging the aforesaid impugned order, learned counsel for the petitioner submits that the order impugned has been passed without giving any notice or opportunity of hearing to the petitioner, which casts stigma upon him, therefore, the principles of natural justice ought to have been followed before passing the impugned order. It is contended that neither any notice was given nor any enquiry was conducted, hence, it is submitted that the order impugned is not sustainable.
Learned Standing Counsel though tried to defend the order vehemently on the ground that as the charge against the petitioner for wrong measurement has been proved therefore, this Court may not interfere with the order of termination, but he could not demonstrate from the order that any notice or opportunity of hearing was given to the petitioner before passing the impugned order.
Be that as it may, as the impugned order does not reflect that the petitioner was afforded any opportunity of hearing or proper disciplinary enquiry has been conducted, therefore, in such view of the fact, the impugned order cannot be sustained and the same is hereby set aside with liberty to respondent no.2- District Magistrate/District Program Cooordinator (MGNREGA), Lalitpur to pass afresh order in accordance with law.
However, liberty is granted to learned State-respondents to file a recall application if the petitioner has concealed any material fact in obtaining the aforesaid order.
The writ petition is allowed.
Order Date :- 17.12.2021 Mohit