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2025 DAILYLAW 161545 (ALL)

VIRENDRA v. STATE OF U.P. THRU. PRIN. SECY. MAHILA KALYAN LKO AND 3 OTHERS

WRIA/8512/2024 · 2025-03-27

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17511 Court No. - 18 Case :- WRIT - A No. - 8512 of 2024 Petitioner :- Virendra Respondent :- State Of U.P. Thru. Prin. Secy. Mahila Kalyan Lko And 3 Others Counsel for Petitioner :- Sudhakar Mishra,Vivek Tiwari Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Chief Standing Counsel for the respondents. Through this petition the petitioner has prayed for the following main relief:- "Issue a writ, order or direction in the nature of certiorari for quashing of the impugned order dated 21.03.2024 passed by opposite party no.3 i.e. District Magistrate, Sultanpur and order dated 21.12.2016 passed by opposite Oatha Commissioner party no.4 i.e. District Probation Officer Sultanpur, in the interest of justice, contained as Annexure No.2 & 3 to this writ petition." Learned counsel for the petitioner submits that the impugned order is arbitrary. The order passed by this Court has not been complied with. The petitioner’s services have been terminated through a simple notice. The petitioner is innocent, and the entire episode was carried out under the influence of opposing parties Nos. 3 and 4. On the other hand, learned Chief Standing Counsel has opposed this contention and submitted that the petitioner’s appointment was contractual, with a tenure of three years. The petitioner’s conduct before a lady Judge was inappropriate and unworthy of keeping him in service. This behavior of the petitioner lowered the dignity of the court and affected the judicial work. He misbehaved with the lady judge in the presence of the litigants and Advocates in the court which tarnished the court’s image. As a result, the application submitted by the petitioner was not considered. Perused the record. Perusal of the record indicates that the petitioner was conditionally appointed as a Law-cum-Probation Officer in the department on a contractual basis under the Government Order dated 04.09.2012. It appears that on 26.11.2016, before the Juvenile Justice Board, Sultanpur, the petitioner misbehaved with Sanjeev Kumar Dubey, the Bench Secretary. Despite repeated warnings, the petitioner continued to misbehave, particularly in front of litigants and Advocates. This conduct tarnished the court’s image and affected judicial proceedings as such in terms of paragraph 8 of the Government Order dated 4.9.2012 the services of the petitioner being contractual in nature have been terminated. The matter being contractual in nature the writ petition is not maintainable. Even otherwise, on merits, I do not find any illegality in the order impugned. The petition being devoid of merit is accordingly dismissed. Order Date :- 27.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench