SAURABH SAHAI Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order of the District Judge, Saharanpur, acting as the Disciplinary Authority under the Service Rules, dtd. 1/7/2024, cancelling the petitioner's appointment as a Class-IV employee in the establishment of the District Court.

(2.) It is common ground between parties that the High Court of Judicature at Allahabad (for short, 'the High Court') advertised Group-D posts for recruitment in the District Judgeships through the Uttar Pradesh Civil Court Staff Centralized Recruitment, 2022-23. The petitioner was eligible and qualified. He applied for the post of a Class-IV employee. His application, being found in order, was allotted Roll No. 75393089. There is no quarrel that the petitioner cleared all stages of the recruitment process and declared a selected candidate. He was allotted the District Judgeship of Saharanpur for appointment. Acting upon the recommendation for selection, the District Judge, Saharanpur issued an appointment order dtd. 29/6/2023 in the petitioner's favour. He was appointed to a Group-D post, which includes a Chowkidar, Waterman, Sweeper, Mali, Porter, Bhishti and Lift Man. It carries the pay scale of Rs.5200.0020200/- with a grade-pay of Rs.1800.00 per month. The petitioner put in his joining report promptly and had been discharging his duties regularly. He drew his monthly salary up to the month of June, 2024.

(3.) On the 18th of October, 2023, the District Judge issued a show cause notice, based upon a circular of the High Court, bearing No. 4416/ 2023/ Recruitment Cell/ High Court, Allahabad dtd. 30/8/2023. The petitioner filed his reply to the show cause notice on 28/10/2023. The District Judge passed an order, cancelling the petitioner's appointment on the 1st of July, 2024. As it appears from the record, the petitioner's letter of appointment carried a condition to the effect that if in the police verification or the verification of educational testimonials and other documents, any inaccuracy was found, the appointment made would stand automatically cancelled. The recruitment test for the post that the petitioner sat was called the Uttar Pradesh Civil Court Staff Centralized Recruitment, 2022-23. The form, that he filled up online, carried two columns: