Court No. - 38 Case :- WRIT - A No. - 1181 of 2010 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Radha Kant Ojha,J.K. Srivastava Respondent Counsel :- C.S.C.,A.K. Srivastava Hon'ble Amreshwar Pratap Sahi,J.
The petitioner contends that the impugned order has been passed
without putting the petitioner to notice about the inquiry which
was made in respect of the Industrial Training Institute Certificate
indicated in the impugned order.
Sri R.K. Ojha learned counsel for the petitioner contends that the
petitioner had never submitted any such certificate about which
inquiry has been made from some institute in the State of Bihar.
The petitioner was never made aware of such an inquiry nor was
he ever confronted with any such evidence before passing of the
impugned order.
Learned counsel for the petitioner contends that on a query made
through the letter dated 15th May, 2009 . The concerned institute
has informed that the petitioner was never issued any such
certificate and, therefore, the services of the petitioner has been
wrongly terminated.
From a perusal of the impugned order, it is nowhere reflected that
the petitioner was given any notice or opportunity prior to the
passing of the said order, nor does it reflect any show cause being
given to the petitioner in respect of the alleged certificate which is
being relied upon by the respondents.
The contention raised is that a practicing lawyer has come up with
certain evidence so as to elbow out the petitioner from his services
and it is on account of the said mala fide action, that the petitioner
has been removed from service.
It is further pointed out that the petitioner had been earlier
terminated by a one line order. The said order was stayed by this
Court in writ petition No. 27737 of 2001. The records of the said
writ petition have been placed today and the said petition has been
allowed by a separate judgment.
In view of the aforesaid position, it is evident that the petitioner
has been removed from his services without giving any reasonable
opportunity of hearing. Accordingly, the impugned order dated
21.12.2009 is quashed and the Nagar Panchayat Harriya, District
Basti shall be at liberty to pass a fresh order provided the grounds
exists for doing so keeping in view the submissions raised by the
petitioner.
The petitioner shall be allowed to continue and receive salary till
any adverse orders are passed against him.
The writ petition is allowed.
Order Date :- 3.2.2010
Sahu