State Of U.P. And 2 Others vs Ram Prasad And 2 Others
2023 Latest Caselaw 14117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 256 of 2023
 

 
Appellant :- State Of U.P. And 2 Others
 
Respondent :- Ram Prasad And 2 Others
 
Counsel for Appellant :- Rama Nand Pandey
 
Counsel for Respondent :- Sanjeev Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

Heard Sri Rama Nand Pandey, learned Addl. Chief Standing Counsel for the State-respondents and Sri Sanjeev Singh for the respondents/ writ petitioners and perused the record.

This intra-court appeal is directed against the judgment and order of the learned Single Judge dated 19.10.2022 passed by the learned Single Judge noticing that the termination of the services of the writ petitioner on the premise that he remained absent for a period of four months from December 2002 to March 2003, was a stale charge, inasmuch as, the writ petitioner had been re-engaged in the month of April 2003 and continued to work since thereafter till termination of his services in the order dated 24.09.2011. There is no dispute about the fact that the appointment on the post of Shiksha Mitra was a contractual appointment and the petitioner had been re-engaged in April 2003. No enquiry of any nature, whatsoever, had been initiated on the charge of unauthorized absence of the writ petitioner. The period of absence may not enure any financial benefit to the petitioner, but it cannot be taken as a reason for termination of his services by order in the year 2011.

Having noted the above fact and the reasoning given by the learned Single Judge that the action taken by the respondent is violative of principles of natural justice and as such, also is unsustainable in law, we find that the instant case does not warrant any interference.

The appeal is dismissed accordingly.

Order Date :- 3.5.2023

N.S.Rathour