Court No. - 6 Case :- SERVICE SINGLE No. - 3200 of 2010 Petitioner :- Anil Kumar Respondent :- State Of U.P.Through Principal Secy.Dept.Of Registration Petitioner Counsel :- Shikha Sinha Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
The petitioner was working in the department for the last 22 years as
daily wager. The services of the petitioner have been dispensed with on
the ground that the work and conduct of the petitioner no more
remained above board and as a daily wager his continuance in the
department is not desirable. An inquiry has been conducted in which
show cause notice was given and on the basis of the show cause notice
the services of the petitioner have been dispensed with. Of Course he is
not a regular employee and no inquiry as per the government rules was
required to be conducted but since the show cause notice was given to
the petitioner and the reply have been considered, this Court can, of
course, judicially review the process by which the officer has come to
the conclusion that the petitioners’ work and conduct is not above board.
The order passed by the officer is not simplicitor order. Charges have
been levelled against the petitioner, reply has been given but the
inference drawn by the officer is not conclusive. In one of the
paragraphs the officer says that “vastavikata jo bhi hai kintu yeh tathya
nishit roop se satya hai ki Sri Kumar ka kritya ek adarsh lok sewak se
apekshit acharan viruddh hai” which shows that the officer himself had
not come to a definite conclusion about the guilt of the petitioner.
One of the arguments raised by learned counsel for the petitioner is that
the petitioner was having interim order in his favour and he was
continuing on the strength of the interim order and before finally
terminating the services it was incumbent upon the opposite parties to
have sought clarification or permission from the Court. The question has
not been successfully answered by the opposite parties.
In such circumstances, while the petitioner has worked for 22 long years
the equity goes in his favour and a case for interference by this Court is
made out.
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Learned Standing counsel prays for and is granted four weeks for filing
counter affidavit. Rejoinder affidavit may be filed within a week
thereafter. List thereafter.
Meanwhile, the operation and implementation of the order dated
24.4.2010, as contained in annexure 1 to the writ petition, so far it
relates to the petitioner, shall remain stayed.
Order Date :- 5.8.2010
Om.