Citation : 2018 Latest Caselaw 541 ALL
Judgement Date : 15 May, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 13906 of 2018 Petitioner :- Geeta Devi Respondent :- U.P. State Transport Corporation Thru. Chairman And Ors. Counsel for Petitioner :- Prabhakar Tiwari,Ankit Mishra Counsel for Respondent :- Ambika Prasad Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Prabhakar Tiwari, learned counsel for the petitioner.
Notices for opposite parties have been accepted by Sri Ambika Prasad, learned counsel, who has put in appearance on their behalf.
By means of this writ petition, the petitioner, who is wife of the deceased employee who died on 12.03.2017, has assailed the order of removal dated 29.10.2011, appellate order dated 03.05.2012 and the revisional order dated 03.04.2018, which are contained as Annexure Nos.1, 2 & 3 respectively to the writ petition.
The grounds to challenge all these orders are that before passing the order of removal an opportunity of hearing was not afforded to the deceased employee and the enquiry, which is mandatory before imposing major punishment, has not been adhered to.
Let the counter affidavit be filed by the opposite parties within three weeks. Rejoinder affidavit, if any, may be filed within a period of ten days thereafter.
List immediately after expiry of the aforesaid period.
Since the petitioner has been suffering a lot for the reason that she is wife of the deceased employee, who has been removed from service in the year 2011 and on account of the aforesaid reason the entire family is in great stress, therefore, the competent authority i.e. opposite party No.3 is directed to make payment of admitted dues, which is paid to the employee even if he has been awarded major punishment. It is expected that such exercise would be carried out by the competent authority i.e. opposite party No.3 with expedition say within a period of one month from the date of receipt of a certified copy of this order.
Order Date :- 15.5.2018
Suresh/
[Rajesh Singh Chauhan,J.]
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