Allahabad High Court
Dhani Lal vs State Of U.P. And 3 Others on 10 May, 2023
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:100396
Court No. - 38
Case :- WRIT - A No. - 7621 of 2023
Petitioner :- Dhani Lal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pankaj Kumar Singh,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Srivastava,J.
1. Heard Shri Ashok Khare, learned Senior Advocate assisted by Shri Pankaj Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. Present petition has been filed seeking the following reliefs:-
"a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 18.04.2023 passed by the Deputy Commissioner (Administration) Rajya Kar, Bulandshahr (Annexure No. 11 to the writ petition).
b) a writ, order or direction of a suitable nature restraining the respondents from taking any action on the basis of order impugned.
c) a writ, order or direction of a suitable nature commanding the respondents not to interfere in the functioning of the petitioner as Sangrah Sewak under them and to pay the petitioner his full monthly salary on the said post, regularly, every month."
3. It is the case of the petitioner that he was appointed vide order dated 02.07.1997 issued by the Deputy Collector (Sangrah) Trade Tax, Bulandshahr. The petitioner has been served notice dated 28.05.2022 in pursuance to some complaint made against the petitioner for seeking Caste Certificate related to SC (Pasi) and the same has been replied vide letter dated 01.06.2022. The submission of the petitioner is that the salary of the petitioner has been stopped vide order dated 27.01.2023.
4. On 26.01.2023, departmental chargesheet has been served upon the petitioner through which, certain charges have been imposed against the petitioner with regard to the submissions of fake Caste Certificate at the time of seeking appointment way back in the year 1997 itself. Immediately, on the next date the salary of the petitioner has been stopped vide order dated 27.01.2023.
5. Having being aggrieved by the orders dated 31.01.2023 and 27.01.2023 passed by the respondent no. 2, petitioner challenged the same by way of filing Writ Petition No. 3599 of 2023 (Dhani Lal versus State of U.P. and Others) and considering the case of the petitioner, the Coordinate Bench of this Court called the counter affidavit from the responding authorities vide order dated 20.03.2023 and the same is pending for consideration.
6. Without filing the counter affidavit and without seeking the reply from the petitioner over the chargesheet as well as without conducting the disciplinary proceedings, the services of the petitioner has been terminated vide order dated 18.04.2023, which impugned the present petition and also directed to lodge the F.I.R. against the petitioner as well as to recover the entire salary as extended in favour of the petitioner from the initial date of appointment.
7. Learned Standing Counsel has vehemently opposed the prayer as made in the petition by way of elaborating the grounds mentioned in the order dated 18.04.2023 which is appended along with the petition as Annexure No. 11.
8. By bare perusal of the order dated 18.04.2023, which impugned the present petition, it is crystal clear that the petitioner has not participated in the disciplinary proceedings as has been carried out and earlier orders before terminating the services has already been put under challenge in Writ A No. 3599 of 2023 wherein the counter affidavit has already been invited from the respondents.
9. On precise query as made before the learned counsel for the respondents with regard to the participation of the petitioner during the course of disciplinary proceedings, it has been stated by learned Standing Counsel that inspite of notices and intimation, the petitioner has never appeared before the Inquiry Officer.
10. The stand taken up by the learned counsel for the respondents is apparent from the records also, which crystal clear proves that at no point of time the petitioner has been afforded opportunity of hearing or participating in the disciplinary proceedings initiated by the responding authority.
11. Moreover, if the responding authority are of the view that Caste Certificate as submitted by the petitioner is fake or the candidature of the petitioner does not belong to the reserved category which was duty of the responding authority to put the case before the State Level Committee which is competent body to decide the issue whether the Caste Certificate submitted by the petitioner is genuine or not.
12. The above mentioned observation is clearly covered by the judgment rendered by the Hon'ble Apex Court in Kumari Madhuri Patil versus Additional Commissioner, Tribal Development reported in (1994) 6 SCC 241.
13. In view of the aforementioned facts and circumstances, the order dated 18.04.2023 is hereby quashed and set aside.
14. However, it is made clear that disciplinary proceedings may continue by way of giving opportunity to the petitioner and the same be initiated as de novo proceedings.
15. It is made clear that the petitioner shall render his entire possible support to Inquiry Officer as well as to the respondent no. 2 to arrive over the directions as made above.
16. The writ petition stands allowed.
Order Date :- 10.5.2023
SY
