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2025 DAILYLAW 31808 (ALL)

KODAI v. STATE OF U.P. THROUGH ITS DISTRICT MAGISTRATE AND 5 OTHERS

WRIC/9050/2025 · 2025-04-02

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46683-DB Court No. - 29 Case :- WRIT - C No. - 9050 of 2025 Petitioner :- Kodai Respondent :- State Of U.P. Through Its District Magistrate And 5 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner has filed the present writ petition raising various grievance against the sixth respondent, who was engaged as Rojgar Sewak. It is alleged that proceedings for his removal have been initiated on various complaints, but no action is being taken. Engagement of Rojgar Sewak is regulated by the Government Order dated 23rd November, 2007. The appointment is a contractual appointment. Clause-V of the conditions of contract provides that in case of unsatisfactory work of the Rojgar Sewak, the Gram Panchayat, after affording opportunity to the Rojgar Sewak, would be competent to take a decision to disengage him. In the facts of the case, there is no decision of the Gram Panchayat removing the sixth respondent or taking any action against him. In its absence, we would not be justified in issuing any direction for considering the removal of the sixth respondent. Remedy of the petitioner would be to raise grievance before the concerned Gram Panchayat which will have ample jurisdiction to deal with the complaints made against the sixth respondents. No writ, in such circumstances, is required to be issued, particularly, as petitioner is not the person aggrieved nor the petition is otherwise instituted in public interest. Dismissal of this petition, however, will not preclude the competent authorities from examining the complaint against sixth respondent, in accordance with law. Order Date :- 3.4.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad