NAVED AKHTAR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ved Prakash Shukla, learned Advocate holding brief of Sri Narendra Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dtd. 24/5/2022 passed by the Chief Medical Officer, Meerut rescinding the contract of employment of the petitioner as a 'Ward Boy' on the ground that he had been found negligent in discharge of his duties as a contract employee and accordingly, District Health Committee decided to rescind his contract.

(3.) It is argued by learned counsel for the petitioner that petitioner had fallen ill and accordingly was advised bed rest by the doctor, namely Dr. Annu Gupta, the emergency medical officer of the Government District Hospital, Meerut from 19/4/2022 to 25/4/2022 and while petitioner was issued with show cause notice on 28/4/2022 for remaining absent for seven days. He submitted reply thereto appending therewith the prescription paper of 'advised bed rest' by the doctor. This reply was submitted by the petitioner on 4/5/2022 but no consideration has been accorded to the reply and even the medical advise was not even referred to in the order impugned. It is also submitted that the decision of the District Level Committee was not communicated to the petitioner at any point of time.