LAWS(ALL)-2021-7-216

KRIPA SHANKER PANDEY Vs. STATE OF U.P.

Decided On July 23, 2021
Kripa Shanker Pandey Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This petition is directed against an order dtd. 6/11/2020, contained in Annexure No.1 to the writ petition; whereby petitioner has been dismissed from service. Petitioner has also challenged the order dtd. 17/3/2020; whereby a supplementary charge-sheet has been served upon him after observing that enquiry pursuant to initial charge-sheet is not proper. It is contended that the orders impugned have been passed only out of annoyance on part of the disciplinary authority since the petitioner had initiated contempt proceedings against him for disobedience of the order dtd. 7/2/2020 passed by Lucknow Bench of this Court in Service Single Writ No. 3480 of 2020. It is further urged that principles of natural justice have been breached and none of the charges levelled against the petitioner is established. Submission is that the impugned order is wholly arbitrary and suffers from malice in law apparent on face of the record. The writ petition has been entertained and affidavits have been exchanged between the parties. With the consent of learned counsel for the parties the writ petition is taken up for final disposal at the admission stage itself. I have heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, Advocate for the petitioner and Sri Vineet Pandey, learned Chief Standing Counsel for the respondent State of Uttar Pradesh and its authorities.