U.K. Warehousing Corporation & ... vs Bihari Lal
2024 Latest Caselaw 59 UK

Uttarakhand High Court

U.K. Warehousing Corporation & ... vs Bihari Lal on 14 February, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                    SRI JUSTICE RITU BAHRI, C.J.
                               AND
                 SRI JUSTICE RAKESH THAPLIYAL, J.
                      14TH FEBRUARY, 2024
        SPECIAL APPEAL NO. 489 OF 2018
U.K. Warehousing Corporation & another. ...Appellants

Versus

Bihari Lal                                      .........Respondent


Counsel for the appellants     :   Mr. Parikshit Saini.


Counsel for the respondent     :   Mr. V.D. Bisen.




Upon hearing the learned Counsel, the Court
made the following

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Uttarakhand State Waterhousing Corporation

has come up against the order of the learned Single

Judge 30.05.2018, whereby the writ petition filed by

Bihari Lal has been allowed, keeping in view that when

show cause notice was given to the petitioner on

22.06.2016, he was only given one day's time to give

his reply and this time was not sufficient and it violated

the principle of natural justice.

2. Keeping in view the fact that the writ petition

was allowed, the only grievance of the appellant is that

in this order, it has been held that in Regulation 16 of the U.P. State Waterhousing Corporation Staff

Regulations, there is no provision for dismissal of

service, though under the Regulation, there is a

provision.

3. This Special Appeal is disposed of only by

clarifying that in Regulation 16, 'dismissal of service'

may also be made. However, in the present case, since

the show cause notice dated 22.06.2016 was only

given to the respondent to file his reply and there was

no mention that his service will be terminated, a fresh

order in accordance with law will be passed by the

appellants after giving due opportunity of hearing to

the respondent.

_____________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt:       14th February, 2024
Rathour