Court No. - 36
Case :- WRIT - C No. - 5046 of 2018 Petitioner :- Ramesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amresh Singh Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Neeraj Tiwari,J.
Case called out. Learned counsel for both the sides are not not present. Learned standing counsel is present.
Case was heard on 22.10.2021 and Court has passed the following order:-
"Case was called out in revised. Mr. Ram Babu Yadav, learned counsel for the respondent is not present. Learned counsel for the petitioner as well as learned Standing Counsel is present.
List this case on 27.10.2021 peremptorily.
It is made clear that on the next date, case shall be heard on merits irrespective of presence of learned counsel for the respondents."
Today, learned counsel for the petitioner has again sent illness slip which cannot be accepted in the light of facts that case is listed under the category of 'Peremptorily', therefore, it cannot be adjourned today.
Learned standing counsel submitted that there is no illegality in the impugned order dated 26.07.2017 as there is finding of facts against the petitioner that he has wrongly stated that complaints have been made by the card holders under the influence or pressure for the reasons that all card holders have given statement before the Inquiry Officer against the petitioner. Further, in reply, it is stated that Signboard, Stalk-board, list of card holders are not available at the fair price shop as it were sent for painting which cannot be accepted. In usual course, it is painted on the wall of fair price shop. He also placed affidavit of 15 card holders in his support out of which 8 card holders have submitted application dated 22.06.2017 that they have never filed any affidavit in support of petitioner, therefore, those affidavits are treated as false affidavits. Ultimately, considering the gross irregularities on the part of petitioner, impugned order has rightly been passed. Even in appeal, almost same grounds were repeated which petitioner has taken in reply to suspension order, therefore, appellate order dated 22.12.2017 has rightly been passed affirming the order dated 26.07.217 passed by Sub-Divisional Magistrate, Chunar, Mirzapur.
I have considered rival submissions made by learned standing counsel and perused the records.
From the perusal of records, arguments of learned standing counsel is found factually correct. In the impugned orders, there is finding of facts against the petitioner which cannot be interfered without having any cogent reason, therefore, under such facts of the case, I have found no good reason to interfere with the impugned orders.
Writ petition lacks merit and is accordingly, dismissed. No order as to costs.
Order Date :- 27.10.2021 Sartaj