RAM KRISHNA MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed seeking following reliefs:-

(2.) The facts giving rise to the present petition are that petitioner being eligible has been appointed on the post of Tax Collector in Nagar Panchayat, Dostpur, District Sultanpur vide order dtd. 14/9/1982 issued by the Sub-Divisional Magistrate, Kadipur, District Sultanpur, who was the appointing authority at the relevant time, after following due procedure. In pursuance thereof, petitioner has been handed over the charge of post of Tax Collector on 15/9/1982. The petitioner continued to work till 1999. It is said that when opposite party no.6 was elected as Chairman of Nagar Panchayat, Dostpur, he started harassing the petitioner and opposite party no.5 in collusion with opposite party no.6, took over the receipt books and relevant documents from the petitioner and stopped the petitioner to make signature on the attendance register w.e.f. 9/8/1999. Despite the aforesaid act of opposite party no.5, the petitioner was continuously present in office. In September, 1999, all the employees of Nagar Panchayat, Dostpur were sent for election duty and the petitioner was also sent for election duty at Primary School-I, Katsaki Kadipur, District Sultanpur, where he performed his duties from 29/9/1999 to 30/9/1999 and from 2/10/1999 to 30/10/1999 and a certificate to this effect has also been issued by the Presiding Officer of polling station on 30/10/1999. It is further alleged that even after completion of the election duty, neither the petitioner was allowed to work not he was permitted to made signature on the attendance register though the petitioner vehemently represented his case orally as well as in written before opposite parties no.4 to 6. Petitioner had also approached opposite party no.3, but nothing was done.

(3.) On 21/12/1999, a show cause notice was issued by opposite party no.5 requiring the petitioner to file his reply within three days, to which he submitted his reply on 10/10/2000. Even thereafter, neither the petitioner was allowed to work nor he was permitted to made signature on the attendance register though he remain present himself in the office on each and every day. When nothing was done, the petitioner filed the present writ petition with the prayer for a direction to the opposite parties to allow the petitioner to work on his post and to pay him salary regularly each and every month and also for payment of outstanding arrears of salary to the petitioner. This Court vide order dtd. 19/1/2005 directed the Chairman, Nagar Panchayat, Dostpur to consider and decide the representation of the petitioner by passing a reasoned and speaking order. In pursuance of the order of this Court, opposite party no.6 considered and rejected the representation of the petitioner vide order dtd. 31/3/2005. It is to be noted that for the first time, opposite parties by filing counter affidavit on 10/1/2006 have brought on record the impugned order dtd. 7/9/2001, whereby the services of the petitioner were terminated along with the order dtd. 31/3/2005, whereby representation of the petitioner in pursuance to the order passed by this Court on 19/1/2005 has been rejected. Thereafter, petitioner has moved an amendment application (C.M. Application No.18 of 2023) challenging the orders dtd. 7/9/2001 and 31/3/2005, which was allowed by this Court vide order dtd. 19/7/2023.