SUMIT KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who obtained employment on Class-IV post in King George's Medical University, Lucknow (for short "the University") under the provisions of The U.R Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short "the Rules, 1974) after death of his father on 13/11/2007, who was working on the post of fireman in Construction Division of the University, has filed this writ petition, impugning the order dtd. 19/6/2021 passed by the Registrar of the University, terminating his services with immediate effect and the order dtd. 13/12/2021 passed by the Vice-Chancellor of the University, dismissing appeal of the petitioner filed against the order of termination.

(2.) A complaint was made against one Mr. Anand Kumar Mishra, Head Assistant, that he had obtained appointment illegally, after concealing material fact and by misrepresentation; Mr. Anand Kumar Mishra was issued charge-sheet as required under rule-5 of The U.P. Recruitment of Dependants of Government Servants (Dying in Harness) (5th Amendment) Rules, 1999; Mr. Anand Kumar Mishra, in his reply to the charge-sheet, had mentioned that like him, other employees were also appointed illegally.

(3.) In view of the aforesaid allegation, the University decided to examine appointment made on compassionate ground after 2002 and Prof. A.A. Mehndi, Biochemistry Department, was appointed as inquiry officer. In the inquiry conducted by Mr. Mehndi it was found that at the time of appointment of the petitioner on compassionate ground under the Rules, 1999, the petitioner's mother Smt. Kiran was employed as female sick attendant in Pediatric Department of the University. After receiving this report, the petitioner was issued charge-sheet on 5/10/2020 having been approved by the appointing authority