Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19139 Court No. - 4 Case :- WRIT - A No. - 380 of 2025 Petitioner :- Namrata Ratna Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Anuj Kumar Singh,Suraj Pandey Counsel for Respondent :- Pradeep Singh Hon'ble Ajit Kumar,J.
1. Heard Shri Anuj Kumar Singh, learned counsel appearing for petitioner, Shri Pradeep Singh, learned Advocate appearing for Goan Sabha and learned Standing Counsel.
2. Petitioner who was selected and appointed as Panchayat Sahayak is aggrieved by the order dated 18.11.2024 whereby her services have been dispensed by giving one month notice in advance.
3. The submission advanced by learned counsel appearing for petitioner is that after she was issued with the show cause notice dated 12.04.2024, she had submitted a detailed reply on 15.04.2024 by registered letter and again submitted reply to the second show cause notice dated 26.06.2024 on 01.07.2024 and then by letter dated 09.09.2024 asked for attendance register but none of the replies were considered and instead, the order impugned was passed making a statement to the effect that petitioner did not submit reply to any of the show cause notices. Counsel for petitioner further submitted that the reply sent by petitioner through registered post be taken to be duly served upon the respondent and the respondents are not supposed to ignore the same. Thus, according to learned counsel appearing for petitioner, petitioner has been sacked by passing an order which is stigmatic in nature and de hors the procedure prescribed under the Government Order dated 25.07.2021.
4. He further submitted that controversy is no more res integra in the light of the judgment of co-ordinate Bench of this Court passed in Writ A No. 6176 of 2024 (Anshu Joriya v. State of U.P. and others) in which the Court had set aside the order for non-
consideration of the reply sent by petitioner in identical set of
facts.
5. Learned Standing Counsel as well as counsel appearing for Goan Sabha though tried to defend the order but could not dispute this fact that the order is absolutely silent as to the reply submitted by petitioner.
6. In these circumstances, I am unable to sustain the order passed by Gram Panchayat Nibi Gharvar Block Chanve, Mirzapur dated 18.11.2024 and accordingly the same is set aside.
7. The matter is remitted to the Gram panchayat concerned to consider and decide show cause notice dated 12.04.2024 afresh after giving due consideration to the reply submitted by petitioner and appropriate order shall be passed by the competent authority after giving opportunity of hearing to petitioner within a period of two months from production of certified copy of this order.
Order Date :- 10.2.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad