HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 41360 of 2011 Petitioner :- Deep Chand Sahu Respondent :- State Of U.P. And Others Petitioner Counsel :- S.P.Sharma Respondent Counsel :- C.S.C.,Anuj Kumar,Uttar Kumar Goswami Hon'ble Rajes Kumar,J.
The petitioner was appointed as Gram Rozgar Sewak. Under the terms of the agreement, his tenure was upto September, 2011. By the impugned order dated 28.5.2011, the Chief Development Officer, Jhansi has cancelled the agreement on the basis of the inquiry report given by the District Development Officer that the petitioner was involved in certain irregularities.
Learned counsel for the petitioner submitted that petitioner's contract had been terminated on the behest of the Gram Pradhan and the concerned Minister as the petitioner had made a complaint against Gram Pradhan. He further submitted that as per the Government Order dated 23.11.2007, a procedure has been provided for the cancellation of the contract of Gram Rozgar Sewak in which it is provided that Gram Rozgar Sewak shall be under the control of Gram Panchayat and in case his work is not found to be satisfactory, the action against him can be taken by the Gram Panchayat. It provided that a show cause notice was issued to the Gram Rozgar Sewak and on consideration of the said reply, by a resolution of 2/3rd majority of all the members of the Gram Panchayat, his contract can be terminated after giving one month remuneration. He submitted that this procedure has not been followed.
Learned Standing Counsel produced the resolution dated 12.7.2011 by which the petitioner's contract has been terminated and respondent no. 6 has been engaged.
I have perused the impugned order and also the resolution dated 12.7.2011.
In the impugned order as well as in the resolution dated 12.7.2011, there is no mention about the show cause notice or the reply given by the petitioner. Further, there is no mention that on consideration of the reply and the show cause notice, the resolution to cancel the contract was passed by 2/3rd majority of the members of ;the Gram Panchayat.
In view of the above, it is apparent that the procedure mentioned in the Government Order dated 23.11.2007 has not been properly followed.
Learned Standing Counsel accepted notice on behalf of respondent nos. 1 to 4. Sri Anuj Kumar accepted notice on behalf of respondent no. 5. They are granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. Respondent no. 6 is represent by Sri U.K. Goswami, Advocate, if so advised, may also file counter affidavit within the aforesaid period.
List thereafter.
Till the next date of listing, the operation of the order dated 28.5.2011 passed by the Chief Development Officer, Jhansi shall remain stayed.
Order Date :- 26.7.2011 OP