Court No. - 59
Case :- WRIT - A No. - 61056 of 2015
Petitioner :- Subhash Chandra Saxena
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shyam Sunder Upadhyay
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was initially appointed as a Driver in the respondent
Corporation. It appears that on account of medical reasons, the
petitioner was subsequently found unfit to discharge the duties of a
Driver, and according to the petitioner, an order came to be passed
by the respondents on 13th April, 2013, assigning the work of a
Painter to the petitioner, which he has been performing. The
petitioner contends that though he is yet to attain the age of
superannuation, but the respondents have now issued a notice
calling for petitioner's explanation as to why he be not removed
from the service. Petitioner also contends that to the notice in
hand, he has already submitted a reply before the authorities on
15th October, 2015, but the same has not been considered so far.
Sri M.P. Rai, learned counsel appearing for the respondents,
submits that action of the respondent Corporation is in accordance
with the principles laid down by the Hon'ble Supreme Court, and
at this stage, only a notice has been issued to which the petitioner
has an opportunity to submit reply. It is contended that reply of the
petitioner would be considered, in accordance with law.
This Court finds that at this stage, only a notice has been issued to
the petitioner, and an opportunity to submit reply has been given in
the matter to the petitioner. The respondents are expected to
consider the reply, in accordance with law, by way of a reasoned
speaking order. In such circumstances, this Court would not be
inclined to entertain any challenge to the show cause notice.
The writ petition is, accordingly, disposed of with a direction that
the respondents shall proceed in the matter, strictly in accordance
with law, and the reply already submitted to the show cause notice
by the petitioner would be considered with reference to the
provisions of the service rules and in accordance with law, within
a period of six weeks from the date of presentation of certified
copy of this order.
Order Date :- 2.11.2015/Anil