Court No. - 26 Case :- WRIT - A No. - 37381 of 2001 Petitioner :- Ram Nihorey Karwariya Respondent :- Distt. Administrative Committee,U.P.P.A.C.C.S.Banda & Ors. Petitioner Counsel :- K.N. Misra,Dr. R.G. Padia,Prakash Padia Respondent Counsel :- H.R. Misra,O.P.Singh,S.C. Hon'ble Shishir Kumar,J.
Heard Sri Prakash Padia, learned counsel for the petitioner and the
learned Standing Counsel.
This writ petition has been filed for quashing the order dated
1.9.2001 passed by respondent no.3 and order dated 26.4.2000
passed by respondent no.1, Annexures-1 and 2 to the writ petition
by which the services of the petitioner were terminated. Then on
the basis of the order issued by this Court, the appeal of the
petitioner was again considered and a finding to that effect was
recorded that the in the Board’s meetings dated 24.8.2000,
19.10.2000, 17.3.2001, 24.3.2001 and 18.8.2001 an opportunity to
the petitioner was given. He appeared before the Board and he was
given sufficient opportunity to submit a reply to the charges
levelled against him but he has not submitted any reply. Then on
the basis of the charges levelled against the petitioner, it was found
that the charges are proved. A finding to that effect has also been
recorded that during the tenure of the petitioner, various relevant
important records of the Society has not been found and the charge
to that effect has been proved and as regards the embezzlement as
well as loss of various records due to slackness on the part of the
petitioner, an F.I.R. has also been lodged. It was further found that
he was involved in the loss of various relevant records of the
Soiety. In such a situation, the appeal filed by the petitioner has
also been dismissed confirming the order passed by the competent
authority .
In my opinion the findings recorded by the authorities below are
based on relevant evidence after considering the relevant record
which needs no interference by this Court while exercising the
powers under Article 226 of the Constitution of India.
The writ petition is devoid of merit and is hereby dismissed.
No order is passed as to costs.
Order Date :- 21.1.2010
V.Sri/-