Court No. - 38 Case :- WRIT - A No. - 1778 of 2010 Petitioner :- Satish Chandra Srivastava Respondent :- U.P.P.C.L. Thru' M.D. & Others Petitioner Counsel :- Dharmendra Dhar Dubey Respondent Counsel :- J.P. Pandey Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner.
The petitioner is a Junior Engineer. Another employee namely
Nanhey Lal, who was a Lineman was also indicted in the same
case and it was found that the petitioner was liable to pay 75% of
the amount and an amount of 25% was fixed as liability of Nanhey
Lal.
Learned counsel for the petitioner contends that Nanhey Lal filed a
writ petition being Writ Petition No. 53095 of 2009 which was
allowed by this Court on 6.11.2009 on the ground that the liability
can be fixed only after giving an opportunity.
The petitioner contends that the same exercise has been undertaken
against the petitioner and the liability has been fixed without any
notice or opportunity.
Since the writ petition of Nanhey Lal has already been allowed on
the ground that it was in violation of principles of natural justice,
an identical issue is under challenge before this Court and there is
no occasion to keep the matter pending. The impugned order does
not reflect that the liability was fixed after giving opportunity to
the petitioner. Accordingly the impugned order 27.7.2009 and
30.7.2009 and the consequential liability fixed sought to be
recovered from the petitioner are hereby quashed leaving it open to
the respondent no.3 to proceed to pass an appropriate order as in
the case of Nanhey Lal as expeditiously as possible preferably
within a period of three months from the date of production of a
certified copy of this order before the Chief Engineer.
The writ petition is allowed subject to the directions contained
hereinabove.
Order Date :- 18.1.2010
Shiraz