Sikandar Rai And 2 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 5017 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 10206 of 2021
 
Petitioner :- Sikandar Rai And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ved Prakash Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners and learned standing counsel for the respondents.

Apart from many other ground, petitioners have taken specific plea that while passing the impugned orders dated 8.1.2020 and 25.6.2020, no departmental enquiry has been initiated. He next submitted that in light of law laid down by the Apex Court in the matter of State of U.P. Vs. Chandra Prakash Pandey & others; (2001) 4 SCC 78, it is mandatory to hold the departmental enquiry even if the employee is Seasonal Collection Amin. This fact has also not been denied in the counter affidavit. He next submitted that following the judgment of Apex Court in the matter of Chandra Prakash Pandey (supra), and also judgment of Division Bench of this Court in the matter of State of U.P. and others Vs. Surendra Singh in Special Appeal No. 518 of 2000 decided on 15.9.2009, this Court has allowed the Writ A No. 8067 of 2021 (Shatrughan Singh Vs. State of U.P. and 2 others) vide order dated 23.07.2021. Not only this, again this Court in the matter of Chandra Prakash Tiwari Vs. State of U.P. Through Its Secretary (Co-Operative) and 3 others has allowed the petition vide order dated 18.11.2021 in Writ A No. 24222 of 2021 following the law laid down by Division Bench of this Court in the matter of Shatrughan Singh (supra). Once, it is undisputed that departmental enquiry has not been initiated against the petitioner, impugned orders are bad and liable to be set aside.

Learned standing counsel could not dispute the factual as well as legal submissions raised by learned counsel for the petitioners.

Under such facts and circumstances of the case, once, it is undisputed that impugned orders have been passed without conducting the departmental enquiry, therefore, in light of judgment of Apex Court in the matter of Chandra Prakash Pandey (supra) as well as judgment of this Court in the matters of Shatrughan Singh (supra) and Chandra Prakash Tiwari (supra), impugned orders dated 8.1.2020 and 25.6.2020 passed by respondent nos. 3 & 2 respectively are bad and are hereby set aside. However, it shall be open for the respondents to proceed afresh in accordance with law and all consequential benefits, which are due, shall be granted to the petitioners.

With the aforesaid observations, petition is allowed. No order as to costs.

Order Date :- 15.2.2023

Arvind