RAM KUMAR Vs. MANAGING DIRECTOR/SECRETARY
LAWS(ALL)-2017-4-204
HIGH COURT OF ALLAHABAD
Decided on
April 28,2017
RAM KUMAR
Appellant
VERSUS
Managing Director/Secretary
Respondents
Referred Judgements :-
S.C. GIVOTRA V. UNITED COMMERCIAL BANK [REFERRED TO]AVADHESH KUMAR RASTOGI V. STATE OF U.P. [REFERRED TO]
GIRISH CHANDRA SRIVASTAVA V. STATE OF U.P. [REFERRED TO]
MAHESH NARAIN GUPTA V. STATE OF U.P. [REFERRED TO]
SALAHUDDIN ANSARI V. STATE OF U.P. [REFERRED TO]
THE C/M JAWWAD ALI SHAH IMAMBARA GIRLS P.G. COLLEGE V. STATE OF U.P. [REFERRED TO]
STATE OF MADHYA PRADESH VS. CHINTAMAN SADASHIVA WAISHAMPAYAN [REFERRED TO]
IMPERIAL TOBACCO COMPANY OF INDIA LIMITED VS. ITS WORKMEN [REFERRED TO]
MEENGLAS TEA ESTATE VS. WORKMEN [REFERRED TO]
STATE OF UTTAR PRADESH VS. C S SHARMA [REFERRED TO]
KASHINATH DIKSHJTA VS. UNION OF INDIA [REFERRED TO]
NASEEM BANG VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHOKSI TUBE COMPANY LIMITED VS. UNION OF INDIA [REFERRED TO]
STATE OF UTTAR PRADESH VS. SHATRUGHAN LAL [REFERRED TO]
STATE OF UTTARANCHAL VS. KHARAK SINGH [REFERRED TO]
UMA SHANKAR YADAV VS. REGISTRAR OF COOP SOCIETIES [REFERRED TO]
SHAFAT ULLAH VS. COMMISSIONER VARANASI [REFERRED TO]
RADHEY KANT KHARE VS. U P COOPERATIVE SUGAR FACTORIES FEDERATION LTD [REFERRED TO]
AMBIKA PRASAD SRIVASTAVA VS. STATE PUBLIC SERVICES TRIBUNAL [REFERRED TO]
MANGLA PRASAD MISHRA VS. D I O S JAUNPUR [REFERRED TO]
M.M. SIDDIQUI VS. STATE OF U.P. [REFERRED TO]
JUDGEMENT
DEVENDRA KUMAR ARORA,J. -
(1.)Heard learned Counsel for the petitioner and Sri Manoj Singh, Counsel for the respondent-Corporation.
(2.)Ram Kumar, who is said to be working as Assistant/In-charge Fertilizer Sale Centre, Laharapur, District Sitapur feeling aggrieved by the order of dismissal dated 17.8.2000 passed by the Managing Director/Secretary, U.P. State Agro Industrial Corporation Ltd as also the order dated 3.4.2001 passed by the Appellate Authority rejecting the appeal, has filed the instant writ petition under Article 22 6 of the Constitution primarily on the ground that order of dismissal is based on the defective ex-parte inquiry which was conducted in total disregard of the principles of natural justice and he was not Center In-charge being a class IV employee.
(3.)According to learned Counsel for the petitioner the petitioner was a confirmed class IV employee of the U.P. State Agro Industrial Corporation and was working on the post of Chowkidar/Peon at the time of passing of order of dismissal. Though the petitioner was not qualified for the post of Centre In-charge, but was asked by the higher authorities, with an oblique motive, to work as In-charge of the Centre. While discharging duties, he was served with a charge-sheet for misappropriation of funds for the period 91-95 though during this period one Veer Mahanedra Singh, was posted as the Center In-charge and was entrusted to conduct the inquiry against the petitioner.
(2.)Ram Kumar, who is said to be working as Assistant/In-charge Fertilizer Sale Centre, Laharapur, District Sitapur feeling aggrieved by the order of dismissal dated 17.8.2000 passed by the Managing Director/Secretary, U.P. State Agro Industrial Corporation Ltd as also the order dated 3.4.2001 passed by the Appellate Authority rejecting the appeal, has filed the instant writ petition under Article 22 6 of the Constitution primarily on the ground that order of dismissal is based on the defective ex-parte inquiry which was conducted in total disregard of the principles of natural justice and he was not Center In-charge being a class IV employee.
(3.)According to learned Counsel for the petitioner the petitioner was a confirmed class IV employee of the U.P. State Agro Industrial Corporation and was working on the post of Chowkidar/Peon at the time of passing of order of dismissal. Though the petitioner was not qualified for the post of Centre In-charge, but was asked by the higher authorities, with an oblique motive, to work as In-charge of the Centre. While discharging duties, he was served with a charge-sheet for misappropriation of funds for the period 91-95 though during this period one Veer Mahanedra Singh, was posted as the Center In-charge and was entrusted to conduct the inquiry against the petitioner.
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