Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 396 of 2021 Appellant :- Ram Bujharat Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Ram Lalit Chaudhary,Adison Patel Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
The defects raised by the Registry is condoned.
Office is directed to allot regular number to the appeal. Heard learned counsel for the parties.
By this appeal, challenge is made to the judgment dated 24.02.2020 by which writ petition preferred by the petitioner/appellant was dismissed. The writ petition was preferred to challenge the order dated 17.01.2020 passed by District Magistrate, Basti. It was a case where the petitioner/appellant was engaged as village chowkidar on contractual basis on honorarium. His services were terminated finding him unsuitable. A writ petition was maintained to challenge the order of termination. The said writ petition wad disposed of by the order dated 15.10.2019 with a direction to the District Magistrate, Basti to consider the representation of the petitioner and accordingly after giving an opportunity of hearing, the order be passed. In compliance of the judgment dated 15.10.2019 in Writ Petition No. 15999 of 2019, the order was passed afresh and challenged in the writ petition. Learned Single Judge dismissed the writ petition finding complaints against the petitioner/appellant apart from his attitude not to discharge work and even the criminal cases pending against him. It was also found that the petitioner/appellant preferred an application under section 156 (3) Cr.P.C but was rejected by the learned Court. Finding his engagement only on contractual basis that too on honorarium basis, no case was found to cause interference in the order passed by the District Magistrate, Basti.
Learned counsel for the petitioner/appellant could not show a ground to cause interference in the order other than to state that certain complaints were made by him and the order of termination was an outcome of the aforesaid.
We have considered the submissions aforesaid and find no substance for the reason that pendency of criminal case against the petitioner is not at the behest of the officers and otherwise several complaints against him is an outcome of his conduct. An employee engaged on contractual basis and that too on honorarium needs to perform satisfactorily otherwise services can be terminated and in the present matter, it is after providing an opportunity of hearing. Thus, we do not find any reason to cause interference in the judgment of the learned Single Judge.
The appeal accordingly fails and is dismissed.
Order Date :- 29.7.2021 Madhurima (Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, ACJ)