Ashwani Kumar Mishra, J. - (1.)This writ petition is directed against an order dated 3rd April, 2017 passed by respondent no.3, contained in Annexure-27 to the writ petition, whereby petitioner's services have been terminated from the North Central Zone Cultural Centre at Allahabad (hereinafter referred to as 'NCZCC'). This order has been passed by the Director, NCZCC, based upon an enquiry report dated 19.12.2016, which is also assailed in this petition. Prayer is made to direct the respondents to treat the petitioner in service and to release his salary with all consequential benefits.
(2.)Facts, giving rise to filing of this petition is therefore noticed first. The writ petitioner was appointed as a Class-III employee in NCZCC in 1997 and was continuing as such without any complaint. He was transferred from Allahabad to Ballia under an order of the then Director on 8.6.2016. This order was challenged before this Court in Writ Petition No.30758 of 2016, on the ground that the Centre at Ballia to which petitioner was transferred was not under control of NCZCC. An interim order came to be passed on 12.7.2016 staying the transfer order dated 8.6.2016. Petitioner thereafter moved an application before the Director on 12.7.2016 for allowing him to continue at Allahabad. This letter of petitioner recites that he was on medical leave from 9.6.2016 to 29.6.2016 and a certificate of fitness was issued to him on 30th June, 2016, alongwith which the petitioner offered his joining. As per the petitioner he was allowed to work at Allahabad till 4th of July, 2016 and it was only upon meeting the Director on 4th of July, 2016 that petitioner was told to join at Ballia.
(3.)The Director upon receiving the petitioner's letter together with the certified copy of the interim order of this Court wrote a letter to the Chief Medical Officer, Allahabad, dated 21.7.2016, for getting the petitioner medically examined. Request, accordingly, was made to the Chief Medical Officer to constitute a medical board and examine as to whether petitioner was at all suffering from tension and depression, as is alleged by him? The medical board was also required to examine as to whether the petitioner was fit to be retained in government service, as he was suffering from serious mental disease.