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2025 DAILYLAW 98042 (ALL)

DR ANAND VERMA v. UNION OF INDIA AND 4 OTHERS

WRIA/14185/2025 · 2025-09-25

Ajit Kumar

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14185 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Sri Rajesh Tripathi, learned Standing Counsel has obtained instructions and placed before the Court which is taken on record. From the instructions it transpires that the petitioner was served with the order of termination simplicitor rescinding the contract employment for unsatisfactory service. Petitioner was issued with show cause notice on 31.07.2025 to which he had submitted a detailed reply but from the order impugned it is not reflected as to what circumstances weighed the respondents in arriving at a decision that petitioner's service to be unsatisfactory. In the circumstances, lifting weal it is clearly seen that petitioner's services have been terminated by way of punishment. The complaint regarding work and conduct of the petitioner, therefore, has been made the foundation of the order of termination simplicitor and therefore, cannot be termed merely a motive. In the light of judgment of Supreme Court in the case of Jarnail Singh & Others v. State of Punjab & Others, Civil Appeal No. 230 & 231 of 1982, decided on 07.05.1986 reported in 1986 AIR SC 1626 = (1986) 3 SCC 277 the order of termination is held unsustainable. However, the respondents are given opportunity to pass order afresh after considering reply . In the circumstances, the order dated 26.08.2025 terminating the services Versus Counsel for Petitioner(s) : Jainendra Kumar Mishra, Priyanshu Mishra Counsel for Respondent(s) : A.S.G.I., Rajesh Tripathi Dr Anand Verma .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) of the petitioner with 30 days' notice in advance is hereby quashed. Petitioner is reinstated in service, however, continuance of the petitioner shall depend upon the final decision to be taken by the authority afresh, as directed herein above. In view of the above, writ petition stands allowed. September 26, 2025 IrfanUddin WRIA No. 14185 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad