Remanded

Satish Kumar Saraswat v. State of U P and 4 Others

Allahabad HC25 Nov 2022WRIA/18570/2022

Case brief

AI extract

What is this about?

a Writ Petition challenging an ex parte order denying salary. The Court set aside the order for denial of opportunity to confront adverse material regarding alleged prior employment and remanded the matter to the competent University for a fresh inquiry.

What did the court decide?

The impugned order dated 18.8.2022 is set aside. The matter is remanded to respondent No. 6 to pass a fresh order after verifying records from Pt. Deen Dayal Upadhyay, Gorakhpur University and confron

Satish Kumar Saraswat Vs State of U P and 4 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 18570 of 2022

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Petitioner :- Satish Kumar Saraswat Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rajendra Kumar Pandey Counsel for Respondent :- C.S.C.,Arvind Kumar Upadhyay,Ran Vijay Singh,Shashi Prakash Rai

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the petitioner, Sri Arvind Kumar Upadhyay learned counsel for the respondent No. 6-University, Sri M.A. Abbas learned counsel holding brief of Sri Ran Vijay Singh learned counsel for respondent No. 2, Sri Shashi Prakash Rai learned counsel for respondent No. 4 and the learned Standing Counsel for the State respondent.

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Having heard learned counsel for parties and having perused the record, it transpires, at present the competent university who may take a decision with respect to the claim made by the petitioner for salary payment from August 2017 to June 2020 is respondent No. 6 namely Maharaja Suhel Dev State University.

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The order dated 18.8.2022 passed by the Registrar of Veer Bahadur Singh, Purvanchal University, Jaunpur though does not lack in jurisdiction as on that date the University was the affiliating University for the college Ramlagan PG college, Jamapur, Mirzapur, Ghosi Mau, it does appear that the said order has been passed ex parte against the petitioner. It is so because any material that may have been collected by the Registrar of Veer Bahadur Singh Purvanchal University to indicate that at the relevant time, the petitioner had served at Shanti Devi Memorial Degree College, Devadar Pipra Rohaniya, Lar Road, Deoria, a college then affiliated to Pt. Deen Dayal Upadhyay, Gorakhpur University was never confronted to the petitioner before such conclusion was

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reached. Even then it is not clear if any enquiry had been made from Pt. Deen Dayal Upadhyay, Gorakhpur University and whether such information had been verified and then informed by the said University.

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In view of such facts being apparent on the face of record, no useful purpose may be served in keeping the petition pending or calling for counter affidavit at this stage. Accordingly, the impugned order dated 18.8.2022 is set aside. Matter is remitted to respondent No. 6 to pass a fresh order as expeditiously as possible preferably within a period of four months from today. Before such order is passed, respondent No. 6 shall first obtain due information from Pt. Deen Dayal Upadhyay, Gorakhpur University with respect to allegation being made against the petitioner. The said University may verify from its own records and intimate the correct facts to respondent No. 6 within a period of one month from today. If any adverse material is received by respondent No. 6 from Pt. Deen Dayal Upadhyay, Gorakhpur University, same may first be confronted to the petitioner and response taken before any final order is passed.

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With the above observations, present petition is disposed of.

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Order Date :- 25.11.2022 Faraz

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Digitally signed by FARAZ AHMAD Date: 2022.11.28 10:03:45 IST Reason: Location: High Court of Judicature at Allahabad

Satish Kumar Saraswat v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Satish Kumar Saraswat v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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