OM PRAKASH KHARE Vs. STATE OF U.P.

JUDGEMENT

(1.) PETITIONER , by means of the present petition Under Article 226 of the Constitution of India, prays for a writ, order or direction in the nature of certiorari quashing the order dated 24.6.85 passed by the District Magistrate, Banda Respondent No. 2, terminating the services of the Petitioner. By means of amendment application, which was allowed by this Court, following reliefs have also been asked In the writ petition:

(2.) BRIEF facts of the case are that on 22.10.82 Petitioner was appointed as extra -copyist In the Collectorate, Banda on account of death of his father Sri Vijai Narain Khare Under the provisions of U.P. Recruitment of Dependants of Government Servants Dying -in -Harness Rules, 1947, According to Petitioner, he had to finish the urgent official work assigned to him and the same had to be put up in the meeting, he stayed in the office of S.D.M. Baveroo, district Banda, which was got locked by the Chaukidar, whereupon the S.D.M., Baveroo lodged a first information report Under Sections 120B, 192, 451 and 468, I.P.C. against the Chaukidar and other persons including the Petitioner. Thereafter, the S.D.M. made a recommendation for transfer of the Petitioner to some other place as well as placing him under suspension. Whereupon the District Magistrate, Banda passed the order dated 24.6.85 instead of suspending or transferring the Petitioner, terminating the services of the Petitioner. Petitioner challenges the validity of the said order dated 24.6.85 by the means of the present petition as stated above. The writ petition was admitted, but no interim relief was granted to the Petitioner.

(3.) IT would not be out of place to state that the other two co -accused persons, namely, Sri Vijai Chaukldar and Prem Bihari Bajpai (Clerk) after their acquittal in the criminal case were already reinstated on then original posts, therefore, the Petitioner invited the attention of the authorities concerned towards the said facts also as well as he moved an application for amendment of the writ petition and the same was allowed as stated above and has also placed on record the judgment and order of acquittal passed by the Chief Judicial Magistrate, Banda.