VISHAWA NATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Siddharth Sah, Advocate holding brief of Mr. K.S. Verma, the learned counsel for the petitioner and Sri Subhash Upadhyay, the learned brief holder for the State.

(2.) THE petitioner was working as. a "Beldar" and on certain criminal charges, was arrested, which led to the passing of a suspension order dated 12th March, 1999. The petitioner was, subsequently, convicted on 16 -11 -1999 and sentenced to imprisonment for 7 years. Based on the conviction order, the petitioner's services was terminated by an order dated 26 -11 -1999. The petitioner, being aggrieved by the said order, has preferred the present writ petition.

(3.) THE learned counsel for the petitioner submitted that under the U.P. Government Servant (Discipline and Appeal) Rules, 1999, a major penalty or dismissal has been passed against the petitioner, which could not have been passed without holding a proper enquiry and without giving a notice and an opportunity of hearing, which admittedly has not been done. The learned counsel submitted that consequently, the order of dismissal was passed in violation of the principles of natural justice and consequently, the order of dismissal is liable to be set aside. The learned counsel for the petitioner further submitted that against the conviction order, a criminal appeal has been filed before the Allahabad High Court, which is pending considering in which the order dated 25th November, 1999 has been passed staying the execution of the sentence.