LAWS(ALL)-2006-8-190

NAND LAL Vs. STATE OF U P

Decided On August 29, 2006
NAND LAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) D. P. Singh, J. Heard Counsel for the parties.

(2.) THIS petition is directed against an order dated 18-7-2006 by which the appointment/promotion of the petitioner has been cancelled.

(3.) A joint perusal of the allegations made in the writ petition and the recruitment rules shows that the aforesaid appointments were made without following due procedure prescribed and in fact in a fraudulent manner in connivance with the then General Manager. When this fact came to the knowledge of the State Government, an enquiry was set up at the Government level which found the allegations true and therefore, by an order dated 30-6-2006, after finding that all the posts could only be filled by direct recruitment where the eligibility of minimum qualification and age was to be adhered to and even in spite of the ban for direct appointment, the said appointment/absorption was done, was against the mandate of the rules and therefore, it was decided to cancel all such appointments and recover the loss from the then General Manager. In pursuance thereof the impugned order has been passed.