Court No.22
Writ Petition No.640 (S/S) of 2010
Rajendra Pratap Srivastava ... Petitioner
Versus
Nideshak Homeopathy, U.P. and others ... Opp. Parties
--------------
Hon'ble S.S. Chauhan, J.
Heard learned counsel for the parties.
The present petition has been filed for quashing of the order dated
12.10.2009 passed by the opposite party no.1.
The facts in brief are that petitioner after having passed Intermediate
Examination worked as Compounder with a registered Medical Practitioner from
1.1.1980 to 30.6.1984 and he acquired the required training as a Compounder and
became eligible for appointment as Pharmacist. Thereafter in pursuance to the
advertisement the petitioner applied for the post of Compounder at Rajkiya
Homeopathic Chikitsalay, Masari, District Uttarkashi and selected. The petitioner
was issued with an appointment letter on 19.3.1987, which was received by him on
20.3.1987 and in pursuance thereof he submitted his joining on 21.3.1987 and
thereafter he continued to work there. On 7.10.1991 the petitioner was transferred to
Sultanpur and in pursuance thereof he joined there on 16.10.1991, but after the
petitioner had joined at Sultanpur another order was passed by the Director
cancelling the earlier transfer order on 5.12.1991. The said order was challenged by
the petitioner by way of Writ Petition No.137 (S/S) of 1992, in which an interim
order was passed this Court staying the aforesaid order. After coming to know by
the authorities that some irregularities have been made in the appointments, the Zila
Homeopathic Chikitsadhikari, Sultanpur issued a letter on 20.2.1999 requiring the
petitioner to submit the original documents regarding his appointment to CIS-1,
Crime Branch, CID within 23.2.199 to 26.2.199, failing which his salary will be
stopped. In pursuance to the aforesaid letter the petitioner appeared before the above
officer on various dates along with required documents, but during the enquiry he
has stated that his original appointment letter has been lost regarding which he has
also lodged an F.I.R. and to this effect he has also filed an affidavit. Thereafter, it is
alleged that without issuing a charge sheet and without holding any enquiry the
Director passed an order dated 11.9.2001 dismissing the petitioner from service.
Feeling aggrieved with the aforesaid order, petitioner preferred Writ Petition
No.5454 (S/S) of 2001 before this Court and initially an interim order was granted
by this Court staying the dismissal order and ultimately the writ petition was
allowed vide judgment and order dated 17.2.2002. However, it was left open to the
-2-
opposite parties to pass a fresh order after giving proper show cause notice
containing full details and adequate opportunity of hearing to the petitioner.
In pursuance to the order of this Court a charge sheet was issued to the
petitioner and thereafter he submitted his reply to the aforesaid charge sheet and
after considering the reply of the petitioner the authority concerned passed the
impugned order thereby dismissing the petitioner from the post of Pharmacist.
I have gone through the record, from which it is evident that petitioner
procured appointment on the basis of forged letter and he could not prove the
authenticity of the appointment letter issued in his favour from any of the
documents and further the documents, which were supplied to him he could not
deny the same. A perusal of the pleadings, it reveals that petitioner procured
appointment of the basis of forged letter, hence this Court does not want to interfere
in the matter and no sympathy can be shown against such unscrupulous person, who
has procured appointment on the basis of forged letter.
Petition is devoid of merit. It is accordingly dismissed.
4.2.2010
Rao/-