LAWS(ALL)-1988-12-98

VIJAI PRAKASH PANDEY Vs. DEPUTY GENERAL MANAGER, EASTERN ZONE, U.P. STATE ROAD TRANSPORT CORPORATION, VARANASI AND ANOTHER

Decided On December 14, 1988
Vijai Prakash Pandey Appellant
V/S
Deputy General Manager, Eastern Zone, U.P. State Road Transport Corporation, Varanasi And Another Respondents

JUDGEMENT

(1.) Petitioner was selected by the Selections Committee for being appointed as Conductor in the U.P. State Road Transport Corporation, Varanasi Region, Varanasi. On the basis of the aforesaid Selection the petitioners name was placed on the waiting list and he was being offered appointment from time to time whenever a vacancy arose. At the .relevant time, the petitioner was working in Ghazipur Depot. On 24-6-1988, the petitioners name was struck off from the waiting panel. The petitioner preferred an appeal against the aforesaid order to the Deputy General Manager, Eastern Zone. The aforesaid appeal was also rejected on 27-6-1988. It is these two orders passed by the Officers of the U.P. State Road Transport Corporation which are under challenge in this writ petition.

(2.) At the out-set, it may be mentioned that at the admission stage the respondents were served and counter ,and rejoinder affidavits have been exchanged. The writ petition is thus being decided finally in accordance with the Rules of the Court.

(3.) Learned counsel for the petitioner has only urged one point in this writ petition. It has been urged that under the impugned orders while striking down the name of the petitioner from the waiting penal, the incident which is alleged to have happen according to the respondents on 11-3-1988 has also been taken into account when no opportunity at all as contemplated by Regulation 26 had been afforded to the petitioner.