Khushal Singh Bisht vs Chairman U.P. Govt. Employees ...
2019 Latest Caselaw 1927 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- SERVICE SINGLE No. - 8517 of 2019
 
Petitioner :- Khushal Singh Bisht
 
Respondent :- Chairman U.P. Govt. Employees Welfare Lucknow And Anr.
 
Counsel for Petitioner :- B.R. Singh,Mukesh Kumar
 
Counsel for Respondent :- Ajay Agarwal
 

 
Hon'ble Manish Mathur,J.

Heard Sri B.R. Singh, learned counsel for the petitioner and the learned standing counsel appearing on behalf of the opposite parties.

The present petition has been filed against the order dated 05.03.2019 whereby the petitioner had been dismissed from service and recovery had also been directed against him.

The submission of the learned counsel for the petitioner is that the entire proceedings have been held against the petitioner merely considering the reply submitted by him and are completely in violation of Rule 35 of the U.P. State Enterprises (Public Enterprises) Model Conduct (Discipline and Appeal) Rules, 1997 which provides a procedure for holding enquiries in case of award of major penalties. The learned counsel for the petitioner submits that no proper opportunity of hearing whatsoever has been given to the petitioner which will be evident from the enquiry report dated 03.01.2019 which has merely been parroted by the punishing authority by means of the order dated 05.03.2019. The learned counsel for the petitioner has also drawn attention to the interim order dated 16.03.2019 passed in Writ A No. 4031 of 2019 passed in similar circumstances while considering the Rule 35 of the aforesaid Rules of 1997. He has also relied upon the case of State of U.P. and others vs. Saroj Kumar Sinha reported in 2010 Volume 2 SCC Page 772 detailing the procedure which is required to be followed in case of grant of major penalty which has not been followed here.

Prima facie on a perusal of the enquiry report and the punishment order, the submissions advanced by the learned counsel for the petitioner appear to be correct and as such four weeks time is granted to the opposite parties to file their counter-affidavit. In the meantime, the operation and implementation of the order dated 05.03.2019 shall remain stayed.

Order Date :- 28.3.2019/Ashok Gupta