AMAR NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents.

(2.) By means of the present petition, the petitioner has prayed for quashing of the order/inquiry report dated 30.06.2016 issued by respondent no.5, a copy of which has been filed as Annexure-1 to the petition. Also under challenge is a notice dated 01.08.2016 issued by respondent no.6, a copy of which is Annexure-1A to the petition, by which the petitioner has been informed that his services would be dispensed with after expiry of one month from the date of issue of the said notice. A further prayer is for a mandamus commanding the respondents to allow the petitioner to perform his duty and pay him honorarium regularly.

(3.) The case set forth by the petitioner is that while he was working as Gram Rojgar Sewak certain complaints had been made against him pertaining to taking of illegal gratification for the purpose of allotment of Indira Awas. Though the petitioner was working on contractual basis yet the respondents, in their wisdom, decided to hold an inquiry in pursuance to the complaints that had been received against him. The said inquiry resulted into the impugned inquiry report/order dated 30.06.2016 being submitted by the Block Development Officer, Unnao, a copy of which is Annexure-1 to the petition. A perusal of the said order indicates that the Block Development Officer, Unnao i.e. respondent no.5 after holding an inquiry decided to send a copy of the inquiry report to the petitioner calling upon his explanation. Simultaneously, an order was issued to the Pradhan and Gram Vikas/Gram Panchayat Adhikari, Harha, to issue a show cause notice at their level to the petitioner and after following the provisions of the Government Order, take action for terminating the contractual services of the petitioner. This has been followed by the impugned notice dated 01.08.2016 whereby the respondents have proceeded to terminate the services of the petitioner after considering his explanation by indicating that his services would be dispensed with after expiry of one month from the date of issue of the notice dated 01.08.2016.