HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 62526 of 2011 Petitioner :- Ram Subhag Singh And Another Respondent :- The State Of U.P. And Others Petitioner Counsel :- Arvind Srivastava,Atma Ram Singh Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Connect it with Writ Petition No. 57824 of 2011.
The petitioner has been selected in the examination of the Lekhpal held in the year 1989 and has been sent for training. After the completion of the training, when the result was not declared, the petitioner approached this Court by way of Writ Petition No. 19555 of 1992. This Court vide an order dated 22nd March, 2005 has directed the respondents to declare the result. According to learned counsel for the petitioner, the said order has been confirmed in the Special Appeal also. Even then, when the result was not declared, the petitioner filed contempt petition being Contempt Application (Civil) No. 2269 of 2005. Against the contempt proceedings, the respondents filed Civil Appeal before the Supreme Court being Civil Appeal No. 4623 of 2008, which has been dismissed by the order dated 2nd June, 2010. In the contempt proceeding, the Court has directed the respondent either to comply with the order passed in the writ petition or appear in person. In pursuance thereof, the result has been declared on 15th September, 2010 in which the petitioner was declared successful. In pursuance thereof, the petitioner has been issued the appointment letter dated 21st September, 2010, Annexure-10 to the writ petition. When the petitioner has not been paid salary, the petitioner again approached this Court by filing the writ petition No. 5506 of 2011, wherein the direction has been issued for payment of the salary to the petitioner. Now, by the impugned order dated 16.9.2011, the services of the petitioner have been dispensed with on the ground that on enquiry, it was found that the petitioner has never worked at Tehsil Mahrajganj, District Maharajganj.
Learned counsel for the petitioner submitted that the impugned order is patently illegal inasmuch as the order has been passed without giving any opportunity to the petitioner. The alleged enquiry has also been challenged.
Prima facie there appears to be substance in the argument of learned counsel for the petitioner. The matter requires consideration.
Learned Standing Counsel prays for and is allowed four weeks' time to file the counter affidavit to which rejoinder affidavit may be filed within two weeks thereafter. Learned Standing Counsel is also directed to produce the enquiry report and also produce the record of Tehsil Mahrajganj, District Maharajganj where the petitioner was posted after declaration of the result.
List thereafter.
Till the next date of listing, the operation of the order dated 8.7.2011 shall remain stayed Order Date :- 2.11.2011 OP