Allahabad High Court
Amar And Another vs Nagar Palika Parishad, Amroha And ... on 5 November, 2019
Author: Sunita Agarwal
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 17308 of 2019 Petitioner :- Amar And Another Respondent :- Nagar Palika Parishad, Amroha And Another Counsel for Petitioner :- Anand Kumar Ray Hon'ble Mrs. Sunita Agarwal,J.
The dispute herein is with regard to the order of termination dated 2.5.2019 which was simply passed on the ground that the petitioner was lodged in jail in a criminal case under section 363, 366 I.P.C, and Section 7/8 of Criminal Amendment Act on 30.4.2019 (for a period of 24 hours).
It is contended by learned counsel for the petitioner that mere lodging of the petitioner in jail could not be a reason to terminate his services, as in the criminal case a final report has been filed in his favour before the competent court of law on the statement of the girl under section 164 Cr.P.C recorded during the course of investigation.
After submission of the final report, the petitioner has moved representations to the Executive Officer, Nagar Palika Parishad, Amroha, seeking for his reinstatement but no final decision has yet been taken.
Noticing the said facts and having gone through the termination order dated 2.5.2019, it appears that the petitioner was terminated as a suspected criminal. There was no conviction and he was lodged in jail for more than 24 hours on account of the First Information Report lodged against him.
Once the final report has been submitted by the Police after investigation and the same is accepted by the competent court of law, the respondents cannot keep the petitioner out of employment.
However, as to whether the aforesaid facts are correct or not has to be examined by respondent no.2, Executive Officer, Nagar Palika Parishad, Amroha, who shall be under obligation to pass a reasoned and speaking order in accordance with law on the request of the petitioner for reinstatement, preferably, within a period of one month from the date of submission of certified copy of this order.
It goes without saying that this Court has not expressed any final opinion on the merits of the case. However, the observations made herein above shall be given due consideration for examining the case of the petitioner. The respondent no.2, Executive Officer, Nagar Palika Parishad, Amroha, shall, however, examine the matter independently.
The writ petition is disposed of.
Order Date :- 5.11.2019 Harshita