2022 Supreme(All) 746
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR BIRLA, VIKAS BUDHWAR, JJ.
Smt. Poonam Rani - Petitioner
Versus
State of U.P. and Others - Respondents
Writ - A No. 6334 of 2022
Decided On : 26-05-2022
For the Petitioner: Chandra Jeet Yeadav.
For the Respondent: C.S.C.
Headnote:(A) Constitution of India - Articles 309 and 311 - Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 - Dismissal of government servant and impact on future employment - The petitioner challenged the validity of Rule 3-B-(iv) of the 1999 Rules, arguing it contravenes Article 311 regarding disqualification from future employment upon dismissal - The court held that while dismissal indeed results in disqualification for future employment, this provision is not ultra vires the Constitution and the employer retains the authority to determine conditions of service. (Paras 18-19, 46-56)
(B) Public Law Litigation - Locus standi of petitioner deemed insufficient; as the dismissed employee already pursued remedies through an appeal, the wife lacks standing to challenge the dismissal indirectly. (Paras 25-26)
| Table of Content |
|---|
| 1. factual background of dismissal case. (Para 2) |
| 2. arguments regarding locus standi and legality of dismissal. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. discussion on locus standi. (Para 10 , 11 , 12 , 13) |
| 4. public interest litigation vs public law litigation. (Para 16 , 17 , 18 , 19) |
| 5. maintainability of the current petition. (Para 22 , 23 , 24 , 25) |
| 6. constitutional provisions regarding employment and dismissals. (Para 29 , 31 , 32 , 33 , 34 , 35 , 38 , 39 , 41 , 42) |
| 7. distinction between dismissal and removal. (Para 44 , 46 , 52 , 54) |
| 8. conclusion of the court's decision. (Para 56 , 57) |
JUDGMENT :
Vikas Budhwar, J.
1. Heard Sri Chandra Jeet Yadav, learned counsel for the petitioner and Sri Nand Lal Mourya, learned Standing Counsel, who appears for the respondents.
FACTS
2. Factual matrix of the case as worded in the writ petition are that the petitioner Smt. Poonam Rani claims herself to be the the wife of Sri Yogesh Kumar, who was posted as Junior Engineer in Paschimanchal Vidyut Vitran Nigam Limited, Victoria Park, Meerut. Records reveal that certain allegations were levelled against his performance while discharging official duty which occasioned laying of a trap pursuant whereto, he was found indulged in corruption coupled with misconduct pursuant whereto a Criminal Case No.11 of 2018 was registered on 19.1.2018 purported to be under Sections 7 , 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (In short Act of 1988) Police Station Mainather, District Moradabad and thereafter a first information report was also lodged and proceedings for prosecution was also drawn and he was placed under suspension on 22.1.2018. Sanction was also proceeded to be obtained under Section 17 of the Act of 1988 which was accorded on 15.2.2018. Simultaneously, a charge sheet was also issued to the petitioner by the Disciplinary Authority on 6.8.2019 and thereafter one Sri Pramod Gogneya was appointed as the Enquiry Officer and regular departmental enquiry was conducted by the Enquiry Officer, who in turn tendered its enquiry report on 6.1.2021 holding the husband of the petitioner guilty of the two charges which was sought to be levelled upon it. Ultimately, on 7.7.2021 an order was passed whereby the husband of the petitioner was dismissed from services.
3. Sri Yadav, learned counsel for the petitioner has made a statement at bar that the order dated 7.7.2021 dismissing the husband of the petitioner has been further carried in a departmental appeal before the appellate authority which is stated to be pending.
4. The petitioner herein claiming herself to be the wife of Yogesh Kumar, who had been dismissed by virtue of order dated 7.2.2021 has approached this Court while filing the present petition seeking following reliefs:-
(I) Interpret the JUSTICE, Social, Economic and Political provided in the preamble of the Constitution of India, Article 309 and 311 of the Constitution of India, in the contest of the involved substantial question of law as to interpretation of this Constitution framed as follows:
(a) Does word "Dismissal" used under Article 311 of the Constitution of India includes impression or sprit or means of "Dismissal from the Service which disqualify from future employment" or penalty provided under Rule 3-B-(iv) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rule, 1999 stands repugnant/ inconsistent to the impression or sprit or means to the word "Dismissal" used under Article 311 of the Constitution of India?
(b) Does in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, its permissible or within jurisdiction to amend/modify/alter/identify or clarify the word "Dismissal" used under Article 311 of the Constitution of India as "Dismissal from the service which disqualify from future employment" and "Dismissal from service which does not disqualify from employment" as designed amended/modified/altered/ identified and clarified vide Rule 3-B-(iii) and (i