Court No. - 33
Case :- WRIT - A No. - 5738 of 2021 Petitioner :- Ravikant Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 26.3.2021 by the third respondent, whereby petitioner has been removed from service. This order refers to Rule 13 of the United Provinces Rakshak Dal Rules, 1948, which relates to discharge or dismissal. Rule 13 of the Rules of 1948 reads as under:-
"13. Discharge or Dismissal- (1) Every member of the Dal who is convicted by a court and sentenced to a term of imprisonment shall with effect from the date of conviction be deemed to have been dismissed from the Dal,
2- The Provincial Government may discharge or dismiss any member of the Dal, and
3- The Administrative Commandant may discharge or dismiss any enrolled person below the rank of a District Organizer."
Learned counsel for the petitioner states that a notice was issued to him, according to which he had not correctly put on his uniform to which a reply was given denying the allegations. It is stated that neither any enquiry has been conducted nor any opportunity of hearing has been given and the order of dismissal has been passed. Reliance is placed upon Rule 18 of the Rules of 1948, which provides as under:-
"18. Procedure in dealing with offences- No member of the Dal shall be discharged for an offence, dismissed or reduced in rank otherwise than by an order based on facts which have led to his conviction in a court unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself."
While entertaining the writ petition time was allowed to learned Standing Counsel to obtain instructions on 22.7.2021. Once again time was allowed to learned Standing Counsel vide order dated 4.8.2021. Learned Standing Counsel states that though intimation has been sent but instructions are awaited.
From the materials that have been brought on record, it is apparent that there is denial of principles of natural justice in the facts of the present case, inasmuch as petitioner has not been informed of the grounds on which action is proposed against him. Petitioner's reply has also not been considered.
Rule 18 of the Rules of 1948, therefore, has also been violated.
Instead of keeping the matter pending, it would be appropriate to permit the respondents to re-visit the matter after considering petitioner's reply and by following the procedure laid down in Rule 18.
Writ petition, accordingly, succeeds and is allowed. Order dated 26.3.2021 stands quashed. Liberty stands reserved to the third respondent to proceed afresh, in light of the above observations.
Order Date :- 24.8.2021 Anil