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2025 DAILYLAW 146034 (ALL)

ABHISHEK YADAV v. STATE OF U.P. THRU. PRIN. SECY. GRAMYA VIKAS LKO and OTHERS

WRIA/5229/2021 · 2025-01-06

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:722 Court No. - 5 Case :- WRIT - A No. - 5229 of 2021 Petitioner :- Abhishek Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Gramya Vikas Lko And Others Counsel for Petitioner :- Dilip Mishra,Pramod Pathak Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. Under challenge is the order dated 01.02.2021, a copy of which is annexure 14 to the petition, whereby the services of the petitioner, who was working on the post of Additional Programme Officer, MNREGA, has been terminated. 3. The short ground that has been urged by the petitioner while raising a challenge to the said order is that during the course of his working, the petitioner has been issued with the show cause notice dated 29.12.2020, a copy of which is annexure 12 to the petition. The petitioner submitted a detailed reply on 31.12.2020, a copy of which is annexure 13 to the petition. However, the competent authority, vide order impugned dated 01.02.2021, has only indicated that the reply of the petitioner is not found to be tenable without even referring to the grounds / reply which has been filed by the petitioner and discussing the same. Thus, the order impugned reflects patent non application of mind on the grounds that have been urged by the petitioner in the reply to the show cause notice and the order impugned merits to be set aside. 4. Learned Standing counsel is also unable to controvert that in the order impugned, the reply of the petitioner dated 31.12.2020 and the grounds taken in the said reply have not even been considered by the competent authority while terminating the services of the petitioner. 5. Considering the aforesaid, the writ petition is allowed. The order impugned dated 01.02.2021, a copy of which is annexure 14 to the petition, is quashed. The matter is remitted to the competent authority / respondent No.3 i.e. District Magistrate / District Programme Co-ordinator, District Sitapur to pass a fresh order considering the reply of the petitioner dated 31.12.2020. Let an order in this regard be passed within a period of six weeks from the date of receipt of certified copy of this order. Order Date :- 6.1.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench