Shailesh Kumar Mishra vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 3870 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4559 of 2012
 

 
Petitioner :- Shailesh Kumar Mishra
 
Respondent :- State Of U.P. Through Prin. Secy. Rural Development Lko. & O
 
Petitioner Counsel :- Gopesh Tripathi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that four application-forms were received for the post of Gram Rozgar Sevak, Gram Panchayat Kamai, District Amethi.  The petitioner being the most meritorious was selected and appointed.  The petitioner joined on the said post on 26.12.2011.  On 16.6.2012 the petitioner was served with a show-cause notice with the plea that the application-form of Diwakar Mishra for the same post was not considered on account of mala fide intention of Gram Panchayat Officer and Village Pradhan. The petitioner responded to the show-cause notice vide Annexure-7.  Even the proceedings indicate that only four persons had applied for the job.

Learned counsel contends that in any case for the said reason, order removing the petitioner from the post cannot be passed.  No proceeding has been initiated against the Gram Panchayat Officer and Village Pradhan.  In mala fide exercise of power, impugned order has been passed, which is not speaking and without reference to record, vide which the petitioner has been removed from the post of Gram Rozgar Sevak.

Shri Rahul Shukla, learned Standing Counsel accepts notice for respondent nos.1 to 3.

Let notice be issued to respondent no.4 by way of registered A.D. post, returnable on 26.9.2012.

Operation of the impugned order, Annexure-1, shall remain stayed till the next date of listing.

Let the record in relation to selection be produced by respondent no.3 on the date fixed.

Order Date :- 30.8.2012

A.Nigam