DILIP CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri R.K.Ojha, learned Senior Advocate assisted by Sri Manish Gupta, learned counsel for the petitioner and Sri J.Nagar, learned Senior Advocate assisted by Sri Pratik J. Nagar, learned counsel for the respondent nos 5,6 and 7 and learned Standing Counsel for the State respondents.

(2.) Invoking extra ordinary equitable jurisdiction of this Court, the petitioner who is an employee of Jalkal Department, Nagar Nigam, Prayagraj has assailed the order dtd. 5/8/2021 passed by the General Manager of the Jalkal Department, Nagar Nigam, Prayagraj, namely, respondent no. 5 on the ground that the order has been passed dispensing with the services of the petitioner which is a major penalty without holding regular disciplinary proceedings as prescribed for under the relevant rules and regulations inasmuch as enquiry report that has been relied upon by the disciplinary authority dtd. 6/4/2021 was never supplied to the petitioner.

(3.) It is pleaded in the writ petition that initially petitioner was suspended vide order dtd. 22/10/2019 by the then General Manager Ratan Lal, Jalkal Department, Nagar Nigam, Prayagraj on four charges which were quite vague in nature and the present General Manager Mr. Harish Chandra Balmiki was appointed as an enquiry officer. The charge sheet was served upon the petitioner on 5/11/2019 with four charges without there being any copy of the complaint annexed with the chargesheet in support of the charges. The petitioner submitted a detail reply on 25/11/2019 to the enquiry officer, but nothing proceeded further in the matter.