LAWS(ALL)-2018-11-131

NARENDRA KUMAR GOND Vs. STATE OF U P

Decided On November 30, 2018
Narendra Kumar Gond Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The father of the petitioner died in Harness on 22.04.2003. At the time of his death, the petitioner's mother was employed as Teacher in the Government Girls Inter College, Akbarpur, Ambedkar Nagar. It is said that the petitioner did not disclose these facts and obtained compassionate appointment in lieu of his father's death.

(3.) The petitioner was given compassionate appointment on 30.08.2003 as Assistant teacher in the Primary School, Kudha, Mohammadpur-I, Block- Akbarpur, District Ambedkar. When the aforesaid fact was detected the appointment of the petitioner was cancelled vide order dated 29.04.2017. Being aggrieved he approached this Court by means of writ petition no.14080 (SS) of 2017 (Narendra Kumar Gond vs. State of U.P. & others) which was allowed vide judgment dated 02.11.2017 on the ground that no opportunity of hearing had been given to the petitioner prior to cancelling his appointment but liberty was granted by the Court to the respondents to pass afresh order, in pursuance to which the petitioner was re-instated and was issued a show cause notice dated 06.01.2018 which was received by him personally on 09.01.2018. Instead of submitting a reply the petitioner sought ten days time. Even after expiry of ten days he did not submit any reply and vide letter dated 19.01.2018 sought certain documents relating to his appointment. A letter dated 02.02.2018 was written to him by the concerned respondent. Thereafter a show cause notice dated 13.04.2018 was issued to him which was received by him on the same day asking him to visit the office, himself inspect the relevant documents, in the office and the document which would be required by him, a photocopy of which would be provided to him. Accordingly, he should submit his reply positively by 18.04.2018 failing which it would be understood that he has nothing to say in his defence and the matter would be decided accordingly.