Court No. - 22 Case :- SERVICE SINGLE No. - 4721 of 2010 Petitioner :- Ghanshyam Pandey Respondent :- U.P.State Road Transport Corporation And Others Petitioner Counsel :- Aditya Tiwari Respondent Counsel :- J.B.Singh Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned counsel for the
opposite parties.
The present petition has been filed for quashing of the removal order dated
30.4.2010.
Submission of learned counsel for the petitioner is that the petitioner was
removed from service by an authority, who was not having the power by
virtue of the fact that the said authority had been placed under suspension on
29.4.2010, whereas the impugned order had been passed on 30.4.2010.
Counsel for the opposite parties was directed to seek instructions in the matter
and on the basis of instructions he states that Sri B.D. Verma was placed
under suspension on 29.4.2010, whereas the petitioner was removed from
service by means of order dated 30.4.2010.
Considering the aforesaid facts, I find that the removal order could not have
been passed on 30.4.2010 as the authority exercising the power was placed
under suspension on 29.4.2010 and as such on the date of passing of the order
he was not having any power to pass the aforesaid power. Therefore, the
impugned order cannot be sustained in law and is liable to be quashed.
Writ petition is accordingly allowed. A writ in the nature of certiorari is
issued quashing the order dated 30.4.2010 and liberty is given to the opposite
parties to pass a fresh order in accordance with law.
Order Date :- 22.7.2010
Rao/-