HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 54665 of 2011 Petitioner :- Ram Abhilash Patel And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Deepak K. Jaiswal Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The contention of the petitioners is that they have been appointed on the post of Assistant Boring Technicians after following the proper procedure. Their services have also been confirmed subsequently. It appears that one Sri Rakesh Dhar Pandey had filed Writ Petition No. 69008 of 2006 claiming his appointment under the disabled quota. In the said writ petition, counter affidavit has been called and the writ petition is still pending. Later on, a Committee of the four Senior Officers have been formed to examine the appointments of the Assistant Boring Technicians, including the petitioners' appointment. The said Committee has reported that the appointments were not proper and directed the authorities to cancel the appointments. In pursuance thereof, impugned notice dated 2.9.2011 has been issued.
Learned counsel for the petitioners submitted that the show cause notice is in pursuance of the decision taken by the Committee wherein a specific direction has been given to cancel the appointment of the petitioners. Therefore, the Executive Engineer, who has issued the notice, has no option except to cancel the appointment of the petitioners inasmuch as the decision has already been taken by the Committee in this regard. He submitted that before taking the decision by the Committee to cancel the appointment of the petitioners no opportunity whatsoever has been given and, therefore, the decision is in violation of the principle of natural justice.
The matter requires consideration.
In the petition certain allegations have been made against Sri P. Ram, Chief Engineer, Minor Irrigation, Jawahar Bhawan, Lucknow, who has also been made party by name as respondent no.3. Learned Standing Counsel appears on behalf of respondent nos. 1, 2, 4, 5, 6, 7 and 8. Issue notice to respondent no. 3.
All the respondents may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 1.11.2011.
Till the next date of listing, the proceeding in pursuance of the notices dated 2.9.2011 issued by the Executive Engineer, Annexure-20 to the writ petition, shall remain stayed.
Order Date :- 20.9.2011 OP