Court No. - 6
Case :- WRIT - A No. - 15927 of 2019 Petitioner :- Smt. Santosh Pathak Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Narain Pandey,Shravan Kumar Pandey Counsel for Respondent :- C.S.C.,Durga Singh,Shashi Kant Verma
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Durga Singh, learned counsel for respondent no. 4.
Present petition has been filed challenging the order dated 12.9.2019 passed by respondent no. 5, whereby the services of the petitioner have been dismissed.
The contentions in brief are that the petitioner was appointed on 29.11.2007 as part time Warden-Cum-Teacher in Kasturba Gandhi Awasiya Balika Vidhyalay, Rajepur District Farrukhabad on consolidated payment of Rs.7000/- per month. The services of the petitioner were renewed from time to time and lastly the services of the petitioner were renewed upto 31.3.2020. On 20.7.2019, some inquiry was conducted wherein certain irregularities were observed. It is stated that a show cause notice was given to the petitioner on 9.8.2019 along with other warden (Annexure No. 6). It is stated that the petitioner given a reply to the said show cause notice on 28.8.2019, however without considering reply or without providing a copy of the inquiry report relied upon, the services of the petitioners were dispensed with.
The contention of learned counsel for the petitioner is that the impugned order is bad on more than one grounds. Firstly, the inquiry report relied upon in the order impugned was never supplied to the petitioner, secondly the reply given by the petitioner to the show cause notice has not even been considered and thirdly in similar circumstances this Court has entertained a writ petition and has set aside the order impugned and has remanded the matter in Writ A No. 16523 of 2019, Ranjana Yadav v. State of U.P. and 4 others vide judgment dated 19.11.2019.
Thus, following the same judgment and the grounds enumerated above, impugned order dated 12.9.2019 is set aside.
The matter is remanded to respondent no. 5 for passing fresh order after supplying the copy of the inquiry report, if any, against the petitioner and after giving an opportunity of hearing afresh. The said exercise be carried out by respondent no. 5 within a period of two months from the date of production of copy of this order before respondent no. 5.
The writ petition stands disposed of in above terms.
Order Date :- 12.8.2021 Kuldeep