Suresh Chandra vs State Of U.P. And 5 Others
2015 Latest Caselaw 628 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - A No. - 29799 of 2015
 

 
Petitioner :- Suresh Chandra
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- H.M.B. Sinha
 
Counsel for Respondent :- C.S.C.,Manu Saxena
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri H.M.B.Sinha, learned counsel for the petitioner and Sri Manu Saxena, learned counsel appearing for the respondents.

The petitioner is seeking quashing of the penalty order dated 7.11.2014, whereby he has been dismissed from service and the appellate order dated 16.10.2014, whereby the petitioner was placed under suspension. On 20.10.2014, a charge sheet was issued and he was given 15 days to submit his reply. The petitioner submitted his reply on 28.10.2014. On 30.10.2014, second show cause notice was given to the petitioner to submit his reply but thereafter by order dated 7.11.2014, the petitioner has been dismissed from service.

The clear case of the petitioner is that there is no enquiry, which has been held and no opportunity of hearing has been given to him as per rules. Neither penalty order nor the appellate order referred to any departmental enquiry. There is a reference to an enquiry dated 25.11.2014 stated to have been conducted by the Executive Officer, Nagar Palika Parishad, whereas the enquiry officer one Mr. Brijendra Singh, Office Superintendent, Nagar Palika Parishad has mentioned in the order of suspension of 16.10.2014.

Sri Manu Saxena, learned counsel for the respondents prays for and is granted a week's time to  obtain instructions.

Put up on 27th May, 2015 as fresh.

Order Date :- 21.5.2015

Ashish Pd.