Court No. - 38 Case :- WRIT - A No. - 36502 of 2010 Petitioner :- Chhatapal Respondent :- State Of U.P. And Others Petitioner Counsel :- Vinod Sinha,Mahesh Sharma Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
The petitioner is a Safai Karmi. Initially an enquiry was conducted
against him as he absented himself for continuous three months. In
the enquiry nothing material could be found against the petitioner
and as such the matter was closed. However, on the same
allegations a fresh enquiry was instituted wherein a report was
submitted on 16.4.2010 and on the basis of the said report the
services of the petitioner have been terminated.
The submission of the Sri Vinod Sinha, learned counsel for the
petitioner is that once an enquiry in the matter has been conducted
there was no ocassion for any fresh enquiry. Secondly the fresh
enquiry was an ex parte enquiry in which neither the petitioner was
associated nor given any opportunity of hearing.
Learned Standing counsel prays for and is granted three weeks’
time for filing counter affidavit. One week thereafter is allowed to
the petitioner for filing rejoinder affidavit.
List thereafter.
Till the next date of listing, the operation of the impugned order
dated 5.6.2010 shall remain stayed.
Order Date :- 24.6.2010
SR