VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Vinod Kumar presently working as Lekhpal with Settlement Officer Consolidation in District Pratapgarh has approached this Court questioning the validity of the order dated 25.2.2003 passed by the Settlement Officer Consolidation, Etawah dispensing with the services of the petitioner. Brief background of the case is that complaint has been made against the petitioner, who had been performing his duty as Consolidation Lekhpal. On the said complaint being made, departmental proceeding had been initiated against the petitioner and charge-sheet dated 6.7.2010 had been issued accordingly levelling therein all four charges. Petitioner submitted his reply to the said charge-sheet on 4.8.2010 and thereafter, inquiry officer submitted his report on 11.2.2011. Petitioner thereafter, had been issued show-cause notice on 9.3.2011 and again reminder was given to him on 23.11.2011. It appears that in July, 2012 petitioner was transferred to district Pratapgarh and he is performing and discharging his duty at Pratapgarh. Petitioner submits that inspite of the fact that he has been performing his duty with the Settlement Officer Consolidation, Pratapgarh, an order has been passed on 25.2.2013 by Settlement Officer Consolidation, Etawah proceeding to dispense with the services of the petitioner. Petitioner at this juncture has approached this Court.

(2.) Sri Pankaj Kumar Srivastava, learned counsel for the petitioner contended with vehemence that once petitioner has been transferred from the office of Settlement Officer Consolidation, Etawah to the office of Settlement Officer Consolidation, Pratapgarh and has been performing his duty at district Pratapgarh, then Settlement Officer Consolidation, Etawah has got no territorial jurisdiction to pass order dispensing with the services of the petitioner as has been done in the present case and in view of this, order dated 25.2.2013 is without jurisdiction.

(3.) Countering the said submission, learned Standing Counsel on the other hand contended that rightful action has been taken and no interference be made.