SHARMILA PATEL Vs. U P STATE INDUSTRIAL DEVELOPMENT CORP LTD AND 2 ORS
LAWS(ALL)-2015-4-348
HIGH COURT OF ALLAHABAD
Decided on April 16,2015

Sharmila Patel Appellant
VERSUS
U P State Industrial Development Corp Ltd And 2 Ors Respondents

JUDGEMENT

- (1.) THE petitioner in this writ petition is seeking quashing of the order dated 26.11.2014 whereby she has been dismissed from service without holding any enquiry.
(2.) BRIEFLY stated the case of the petitioner is that she was appointed on the post of Assistant Manager (General) in the Pay Band of Rs.6500 -10500 in pursuance of the Advertisement No.2 of 2009 dated 19.01.2009. The advertisement showed one post to be reserved for Other Backward Classes. Alongwith her application she submitted 17 documents in respect of her educational qualification to show her eligibility. A call letter was issued on 18.02.2009 and thereafter a letter of appointment was issued to her on 13.08.2009. The petitioner joined on 17.08.2009. In paragraph 8 of the writ petition it has been stated that the petitioner has successfully completed one year of satisfactory service and was thereafter confirmed on the post of Assistant Manager (General) vide order dated 12.11.2010 effective from 17.08.2010.
(3.) ON 26.07.2013 the petitioner was issued a show cause notice on the ground that on verification of her documents it has been informed by the Principal of the Rajkiya Inter College, Faizabad through his letter dated 10.06.2013 that in the B.A. Class of Guru Nanak Girls Degree College, Sundar Nagar, Kanpur the petitioner's certificate does not contain any roll number and even in the Rajkiya Inter College, the classes are only upto Class XII whereas the certificate of participation in sports is of B.A. Level. It was also alleged that the signature of the Principal for the session 2014 -15 does not match with the signature of the Principal of the College and further that in the year 2004 -05 the Hockey Tournament was never held by the Rajkiya Inter College and therefore the certificate submitted by the petitioner was a forged document. The petitioner submitted her reply to the show cause notice on 08.08.2013 requesting that the photocopies of her certificates be given to her. These documents were supplied to her through letter of the Administrative Officer dated 04.09.2013. The petitioner submitted a detailed reply to the show cause notice denying the certificate and also denying the signature on the said documents. She further claimed that the question of her submitting any such certificate did not arise as there was no requirement for the same nor was it a preferential qualification for appointment on the post of Assistant Manager (General). She submitted a supplementary reply on 16.09.2013 and also demanded the original of the certificates for verification of the signature. A preliminary enquiry was ordered into the matter by the respondent no.2, Managing Director, U.P. State Industrial Development Corporation Ltd., Kanpur by order dated 22.11.2013 and the Chief Manager Project, U.P. State Industrial Development Corporation Ltd., Kanpur, respondent no.3 was appointed as Enquiry Officer. The petitioner submitted her explanation before the Enquiry Officer on 07.01.2014 reiterating the submission made in her earlier replies. In paragraph 18 of the writ petition it is stated that neither any enquiry was held nor was any witness examined. It is further stated that thereafter the entire proceedings were held behind the back of the petitioner and ultimately by the impugned order 26.11.2014 the petitioner was dismissed from service.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.