VINAY KUMAR JAISWAL Vs. DIRECTOR LOCAL FUND AUDIT DEPTT U P ALLD
LAWS(ALL)-2018-1-74
HIGH COURT OF ALLAHABAD
Decided on January 05,2018

VINAY KUMAR JAISWAL Appellant
VERSUS
DIRECTOR LOCAL FUND AUDIT DEPTT U P ALLD Respondents

JUDGEMENT

Siddharth, J. - (1.) Heard Sri Prakash Padia, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for quashing of the impugned order dated 30.10.2000, whereby the services of the petitioner has been terminated and a direction has been sought commanding the respondents not to interfere in the working of the petitioner as Clerk/Typist. By way of amendment further prayers for quashing of the order dated 26.06.2000 passed by U.P. Scheduled Caste & Scheduled Tribe Commission and order dated 31.08.2000, passed by the Special Secretary and State Internal Auditor, U.P. Government have been added in the writ petition impleading the aforesaid authorities as respondents in the writ petition.
(3.) The brief facts of the petition are that the petitioner was duly selected and appointed on the post of Clerk/Typist by the order dated 31.03.1999. On 08.10.2000, a show cause notice was issued to him by the respondent no.1, stating that some candidates have made complaint before the Scheduled Caste and Schedule Tribe and Backward Class Commission and the Commission has considered the same and found that the appointment of the petitioner was against the provision of Section- 3(6) of U.P. Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 ("Reservation Act, 1994" in short), therefore, the appointment of the petitioner is irregular. In case, the petitioner considers his appointment as per the Rules and wants to produce some evidence or make arguments, he should do the same within 15 days of the receipt of the show cause notice.;


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