Special Appeal by Nagar Panchayat challenging the Single Bench judgment which set aside the termination of a petitioner from service due to lack of disciplinary enquiry. Special Appeal dismissed upholding the lower court.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 799 of 2018
Appellant :- Nagar Panchayat And Another Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- C.K.Parekh Counsel for Respondent :- C.S.C.,Pankaj Kumar Srivastava,Siddharth Khare
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
To question correctness of the judgment dated 26.07.2018 passed by learned Single Bench in Writ-A No. 49680 of 2010, instant appeal is before us.
Under the judgment impugned, learned Single Bench set aside the order dated 05.08.2010 passed by Executive Officer, Nagar Panchayat, Chandauli terminating respondent-petitioner from service with immediate effect.
In brief, factual matrix of the case is that the respondentpetitioner entered in service of Nagar Panchayat, Chandauli in the year 1992 being employed as Peon. While availing appointment, the respondent-petitioner submitted a Transfer Certificate to substantiate the eligibility to hold the post concerned. Under the order dated 05.08.2010, the services of the respondent-petitioner were terminated by arriving at a conclusion that certificate given by the respondent-petitioner was fabricated and forged. Before arriving at such conclusion, admittedly, no enquiry as prescribed under the Rules was given. Looking to this fact, learned Single Bench held termination of the respondent-petitioner bad being in violation of principles of natural justice.
In appeal, the argument advanced is that though the order impugned dated 05.08.2010 is not well worded but as a matter of fact by a notice to show cause, the respondent-petitioner was
called upon to explain the circumstances in which he availed employment on basis of the documents concerned.
We do not find any merit with the argument advanced.
A bare reading of the order dated 05.08.2010 makes it clear that appellant removed the respondent-petitioner from service with immediate effect. Such punishment of removal could have not been imposed without conducting an enquiry as prescribed under the relevant Discipline and Appeal Rules. Admittedly, no such enquiry was conducted, therefore, finding arrived by learned Single Bench is justified and that does not require any interference in Appellate Jurisdiction.
The appeal, hence, is dismissed.
Order Date :- 29.8.2018 Shubham
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the termination of the employee from service without a disciplinary enquiry was correctly set aside by the Single Bench.
Nagar Panchayat
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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