Kausal Kishor Yadav vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 455 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 12294 of 2018
 
Petitioner :- Kausal Kishor Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Cane Dev. And Sugar Ind.&Ors
 
Counsel for Petitioner :- Girijesh Kumar Dwivedi
 
Counsel for Respondent :- C.S.C.,K S Pawar
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Girijesh Kumar Dwivedi, learned counsel for the petitioner and Sri K.S. Pawar, learned counsel appearing for the opposite party Nos.2 & 4.

The submission of learned counsel for the petitioner is that the impugned suspension order dated 04.04.2018 is referring the letter bearing No.4368 dated 15.01.2018, which is contained as Annexure No.7 to the writ petition, saying that seven charges levelled against the petitioner are based on the aforesaid letter dated 15.01.2018.

The perusal of the letter dated 15.01.2018 reveals that except charge No.7, no other charge has been dealt with in the aforesaid letter dated 15.01.2018. So far as charge No.7 is concerned, the petitioner was held liable for the said charge partially. Therefore, it has been submitted that the impugned suspension order has been passed without application of mind. It has further been submitted by learned counsel for the petitioner that Annexure No.1 has been issued by the District Cane Officer, Sitapur and the said letter is being forwarded to the Secretary, Regional Cane Service Authority, Lucknow, who is the District Cane Officer, Sitapur itself and the report which has been referred in the aforesaid letter dated 11.04.2018 has also been issued by the Committee, of which the District Cane Officer was a member. Therefore, learned counsel for the petitioner has submitted that the impugned order has been passed in violation of principles of natural justice, which provides that nobody should be judge of his own cause/ matter.

Per contra, learned counsel appearing for the opposite party Nos.2 and 4 has submitted that the petitioner is very much liable for the lapses as alleged in the impugned suspension order and on account of his culpability in the alleged embezzlement, the huge loss has been occurred to the Society.

Learned counsel for the opposite party Nos.2 and 4 prays for and is granted two days' time to file an affidavit annexing therewith some relevant documents/ circulars etc. to show the culpability of the petitioner in the said embezzlement.

List / put up this case on 14.05.2018 as fresh.

Order Date :- 9.5.2018

Suresh/

[Rajesh Singh Chauhan,J.]