Aamod Pratap Singh Bhadauriya Vs State of U.P. and 2 Others

Court No. - 2

Case :- WRIT - A No. - 4125 of 2018

Petitioner :- Aamod Pratap Singh Bhadauriya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Behari Singh,Manish Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ram Surat Ram (Maurya),J.

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Heard Sri Awadh Behari Singh for the petitioner and Standing Counsel for State of U.P.

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This writ petition has been filed for quashing the suspension order dated 14.12.2017, passed by Commissioner, Gramya Vikas (respondent-2).

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A short argument has been raised by counsel for the petitioner that the petitioner is an employee of District Development Agency. Division Bench of this Court has held that District Development Agency is a Society registered under the Societies Registration Act and employees of the Agency are not employees of the Government, therefore, the provisions applicable to the Government Servants are not applicable to the petitioner.

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I have considered the arguments of counsel for the parties and examined the record. However, the fact remains that there is a detailed inquiry by a Committee, in which the embezzlement in the works done by the petitioner as well as by other similarly situated employees, were found. In such circumstances, even if the petitioner cannot be treated as a Government Servant, but on the basis of inquiry report dated 13.1.2017, action can be taken against the petitioner, in accordance with law.

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In the result, the writ petition succeeds and is allowed . The order of Commissioner, Gramya Vikas (respondent-2) dated 14.12.2017 is set aside, giving liberty to the Commissioner to proceed on the basis of inquiry report dated 13.1.2017 and pass appropriate order, in accordance with law, giving opportunity of hearing to the petitioner.

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Order Date :- 23.2.2018 Jaideep/-

Aamod Pratap Singh Bhadauriya v. State of U.P. and 2 Others

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Aamod Pratap Singh Bhadauriya v. State of U.P. and 2 Others

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