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A.F.R.

Reserved on 19.08.2021

Delivered on 08.10.2021

Court No. - 5

Case :- WRIT - A No. - 7429 of 2018

Petitioner :- Pushpendra Singh And 2 Others

Respondent :- State Of Up And 2 Others

Counsel for Petitioner :- Siddharth Khare

Counsel for Respondent :- C.S.C.

Hon'ble Saral Srivastava,J.

1.

Heard Sri Siddharth Khare, learned counsel for the petitioners, and

Sri R.S. Umrao learned Standing Counsel for the State-respondents.

2.

The petitioners through this writ petition have assailed the

communication dated 27.01.2018 stopping salary of the petitioners and

order dated 20.03.2018 passed by the Chief Medical Officer, Kannauj

terminating the services of the petitioners.

3.

The facts of the present case, in a nutshell, are that petitioner no.1

was appointed as X-Ray Technician by order dated 20.09.2008 passed by

Director General, Medical and Health Services, U.P., Lucknow and was

posted in the office of Chief Medical Officer, Ballia. Later on, petitioner

no.1 was transferred from Ballia to Kannauj by order dated 28.11.2013

where he joined his duties on 20.01.2014. Petitioner no.2 was appointed

as X-Ray Technician on 20.09.2008 under the order of Director General,

Medical and Health Services, U.P, Lucknow and granted posting under

the Chief Medical Officer, Mathura. Later on, he was transferred to

Kannauj by order dated 19.10.2012, where he joined his duties on

27.12.2012. Petitioner no.3 was also granted an appointment as X-Ray

Technician on 20.09.2008 and was posted under the Chief Medical

Officer, Kannauj. The petitioners claim that their work and conduct were

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satisfactory and there was no complaint about the functioning of the

petitioners. The petitioners have been paid the regular monthly salary till

November 2017.

4.

The Chief Medical Officer, Kannauj on 27.01.2018 sent a

communication to the Director-General, Medical and Health Services,

U.P., Lucknow stating therein that on verification, the diploma and

registration certificates of the petitioners were found forged and sought

guidelines from the Director-General, Medical and Health Services, U.P.,

Lucknow, Copy of the said communication was also endorsed to the

Superintendents Community Health Centre, Haseran, Chibramau and

Gursahaiganj with direction to stop taking work from the petitioners and

also not to disburse any salary to the petitioners.

5.

The further case of the petitioners that till the date of filing of the

writ petition, there does not exist any order terminating the services of the

petitioners or placing the petitioners under suspension. The petitioners

pleaded that their services are governed by the provisions of U.P.

Government Servants (Punishment and Appeal) Rules, 1999 (hereinafter

referred to as Rules, 1999), and order for stopping the salary has been

passed without affording any opportunity of hearing to the petitioners.

6.

In the counter affidavit filed by the respondents-State, it is stated

that the petitioners were given the appointment on the post of X-Ray

Technician since they possessed diploma of Lab Technician. However, in

pursuance of the letter dated 25.09.2017 of Director General, Medical and

Health Services, U.P., Lucknow, on verification of the certificates of the

petitioners from the U.P. State Medical Faculty, it was found that the

diploma of Lab Technician submitted by the petitioners are forged

certificates and had not been issued by any registered institution.

Accordingly, the Chief Medical Officer, Kannauj by letter dated

18.12.2017 reported the matter to the Director-General, Medical and

Health Services, U.P. Lucknow, and requested for instructions in the

matter. The Chief Medical Officer by the said order also stopped the

salary of the petitioners.

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7.

It is further averred that the petitioners have been issued show-

cause notices dated 09.03.2018 calling from them an explanation as to

why their services may not be terminated and crimi