The Allahabad High Court has stayed the order of dismissal of a safai karmachari posted on contract in the Moradabad municipal corporation.
A single-judge bench of Justice Sangeeta Chandra passed this order while hearing a petition filed by Ashok, the safai karmachari.
The Court has perused the order dated 08.08.2022 whereby time was granted to the counsel for the respondents to seek instructions as to whether any opportunity of hearing was given to the petitioner to show cause, prior to termination of his service.
The counsel for the petitioner presses his interim relief application and said that as per the inquiry conducted by the Respondents themselves, a copy of the report of which has been filed to the petition, the petitioner was only a safai karmachari who cleaned the Nala from February 23, 2021 to February 25, 2021.
The Nala/ Drain being covered by heavy slabs of concrete, such slabs of concrete were removed by the PWD JCB and they alone had to place such slabs back in place, however, before such slabs could be placed back, an unfortunate incident occurred on 25.02.2021, where one person who was drunk and riding his motorcycle rashly fell into the drain and died.
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The Court has perused the report dated 28.07.2021. The Court observed that the petitioner has made out a prima facie case to show interference.
“The order terminating the petitioner from service as communicated to him on 28.02.2021 shall remain in abeyance till further orders of the Court.
The petitioner shall be allowed to work and be paid his salary/ wages in the meantime”
-the Court ordered.
The Court has fixed the next hearing of the petition on October 21, 2022.
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