K K SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned senior counsel assisted by Sri J.C. Sharma, Advocate for the petitioner, learned Standing Counsel for the respondent Nos. 1,3,4,6 and 7 and Sri T. P. Singh, learned senior counsel assisted by Sri Narendra Singh, Advocate for the respondent No. 8.

(2.) This dispute relates to the holding of charge as officiating Office Superintendent of a Post-graduate College, namely, Agra College, Agra which is being contested between the petitioner and respondent No. 8 on the ground of their respective seniority.

(3.) The claim of the petitioner is that he is senior to respondent No. 8 and, therefore, he ought to have been given charge which was ultimately done by the principal of the institution on 28th July, 2009. it is further submitted that the said order has been reviewed without giving any notice or opportunity to the petitioner pursuant to the order passed by the Regional Higher Education Officer and at the instance of the Commissioner of the Devision, who is President of the Committee of Management, ex-officio. It is submitted that the impugned orders are in violation of principles of natural justice and in the event the petitioner would have been confronted with the report of the Regional Higher Education Officer dated 22.10.2009, he would have explained the correct position to demonstrate that the petitioner was senior to the respondent.