Allowed

Pradeep Kumar Pandey v. Managing Director U.P. State Road Transport Corporation Lko and 3 Others

Allahabad HC6 Feb 2024/828/2024

Case brief

AI extract

What is this about?

Petitioner challenged his contractual termination without a show cause notice. The court quashed the impugned order and granted liberty to pass fresh orders only after providing opportunity of hearing. The petition was allowed at admission.

What did the court decide?

Impugned order quashed; liberty granted to respondent to pass fresh orders after issuing show cause notice.

Pradeep Kumar Pandey Vs Managing Director U.P… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10818

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Court No. - 17

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Case :- WRIT - A No. - 828 of 2024

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Petitioner :- Pradeep Kumar Pandey

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Respondent :- Managing Director U.P. State Road Transport Corporation Lko And 3 Others

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Counsel for Petitioner :- Mohd. Waris Farooqui Counsel for Respondent :- Ratnesh Chandra

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and Mr. Ishan Singh, Advocate holding brief for Mr. Ratnesh Chandra, learned counsel for the opposite parties.

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Petition has been filed challenging order dated 02.01.2024 whereby petitioner who was employed on contractual basis found his services to be terminated.

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It has been submitted that a perusal of impugned order will make it evident that petitioner’s contractual services have been terminated on certain complaints and allegations levelled against him which are stigmatic in nature but his services have been dispensed with without even issuing any show cause notice or affording him opportunity of hearing.

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Learned counsel appearing on behalf of opposite parties has refuted the submissions advanced by learned counsel for petitioner with submission that allegations levelled against petitioner were quite serious in nature which were disturbing the atmosphere in the work place due to which opposite parties were left with no other option but to dispense with services of petitioner, particularly since they were contractual in nature.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, particularly the impugned order, it is quite evident that petitioner who was employed on contractual basis was

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terminated from services on the basis of serious charges levelled against him. However, a perusal of impugned order will also make it evident that the same has been passed without issuing any show cause notice to petitioner or even affording him any opportunity of hearing.

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In view of aforesaid, the impugned order dated 02.01.2024 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass fresh orders but only after issuing show cause notice to petitioner and affording him opportunity of hearing while considering his reply.

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Resultantly, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs.

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Order Date :- 6.2.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar Pandey v. Managing Director U.P. State Road Transport Corporation Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Pandey v. Managing Director U.P. State Road Transport Corporation Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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