Application filed regarding dispensation of technical services. A one-week adjournment was granted for the respondent to seek instructions.
No substantive proposition established. An adjournment was ordered for the respondent to seek instructions regarding a writ concerning the dispensation of petitioner's services as a Technical Assistant.
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Court No. - 5
Case :- WRIT - A No. - 11962 of 2024
Petitioner :- Viplab Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Gramya Vikas Lko And 5 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Abdul Moin,J.
Heard.
Contention of learned counsel for the petitioner is that by means of the order impugned dated 20.11.2024, his contractual services as Technical Assistant have been dispensed with by the District Programme Officer/District Magistrate. Copy of the said order is annexure 1 to the writ petition.
Placing reliance on Clause 5.12 of the Uttar Pradesh Guarantee Shikayat Nivaran Tantra Niyamavali, 2009 (hereinafter referred to as "Niyamavali,2009"), the contention is that the said clause specifically provides that in case the Technical Assistant is found guilty in any matter then the Chief Development Officer shall send his recommendation for either his removal or cancellation of the panel to the State Government and the final decision would be taken at the level of the State Government.
Contention is that considering Clause 5.12 of the Niyamavali,2009, as the order has been passed by the District Programme Officer/District Magistrate consequently, Clause 5.12 of the Niyamavali,2009 is violated which thus vitiates the order impugned.
Learned Standing counsel prays for and is granted a week's time to seek instructions in the matter.
List this case in the next week as fresh.
Order Date :- 12.12.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
Viplab Kumar
State Of U.P.
Abdul Moin
As recorded by the court registry
3 orders share this CNR
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