NITYANAND Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.

(2.) PETITIONER , who was working on the post of Collection Amin. His services have been terminated on the ground that he was having less collection. Petitioner aggrieved by the aforesaid order filed a writ petition before this Court and the interim order was granted and in pursuance of the interim order, petitioner is working on the post from that date. Petitioner has placed reliance upon judgment of this Court reported in, 2008 (2) ESC 1338 (All) Virendra Singh v. Collector, Kanpur Dehat and Ors. Taking support of the aforesaid judgment, learned Counsel submits that the less collection does not come under the definition of misconduct, therefore, on that basis, the services of the petitioner cannot be terminated.

(3.) IN such circumstances, the claim of the petitioner may be considered for regularization without taking into consideration the order impugned dated 20.11.1991.