Tarkeshwar Nath Pandey and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Civil Secrett. Lko. and 3 Others

Court No. - 8 Case :- WRIT - A No. - 4657 of 2023 Petitioner :- Tarkeshwar Nath Pandey And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Civil Secrett. Lko. And 3 Others Counsel for Petitioner :- Girish Kumar Pandey,Umesh Dixit Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Girish Kumar Pandey, learned counsel for the petitioners, as well as Mr. Tushar Verma, learned Additional Chief Standing Counsel for the respondents-State Authorities.

¶2The petitioners have been removed as Prantiya Rakshak Dal Volunteers vide impugned order dated 04.01.2023.

¶3On behalf of the petitioners, it is submitted that the petitioners were working for the last twenty years without any complaint as volunteers of Prantiya Rakshak Dal, and without even affording an opportunity of being heard to them they have been removed.

¶4The learned Additional Chief Standing Counsel disputes the submission advanced by the learned counsel for the petitioners that no opportunity of hearing was given to the petitioners before passing the impugned order.

¶5Once the petitioners have been working for the last twenty years, minimum of which was required, before passing the impugned order, was that they ought to have been issued notice and order should be passed, after giving opportunity of hearing to them.

¶6In view thereof, this petition is allowed to the extent that a fresh order after inquiry, as observed above, be passed in case of each petitioners within two months, and if they are found genuine, then they should be allowed to work, and paid honourarium. The impugned order is hereby quashed, so far as it relates to the present petitioners. [D.K. SINGH, J.] Order Date :- 14.7.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench