Point of Law: If employee is terminated or contract of service is terminated, Court shall not grant relief of reinstatement, i.e. specific performance of contract of personal service, as it is barred by the provisions of Specific Relief Act, 1963, therefore, the relief as prayed cannot be granted.

JUDGMENT :

1. Heard Mr. Indra Raj Singh, learned counsel for the petitioner, Mr. Shyam Krishna Gupta, learned counsel for the respondent no.1 and Mr. J.S. Bundela, learned Standing Counsel for the State-respondent no.2 &4 and Mr. Durga Singh, learned counsel for the respondent no.3.

2. This writ petition has been filed interalia for the following relief:-

"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.12.2021 passed by the respondent no.1 District Basic Education Officer, Deoria (Annexure no.10 to the writ petition).

II. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of the petitioner in pursuance to the impugned order dated 03.12.2021 passed by the respondent no.1, District Basic Education Officer, Deoria (Annexure no.10 to the writ petition)."

3. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of District Coordinator (Civil) on contractual basis, however, his services were not extended vide order dated 30.07.2009 passed by respondent no.2, i.e. District Magistrate, Deoria. The aforesaid order dated 30.07.2009 was assailed by the petitioner before this Court by means of filing a petition bearing Writ-A No.41726 of 2009 (Rajesh Kumar Singh vs. State of U.P. and another), which was dismissed by the Co-ordinate Bench of this Court vide order dated 01.12.2009 against which Special Appeal as well as review application was also dismissed. Thereafter, the petitioner was appointed on the post of Guest Lecturer in Government Polytechnic, Deoria, where he worked till he was re-engaged on the post of District Coordinator (Civil), Deoria by an order dated 16.04.2015 passed by District Basic Education Officer, Deoria (respondent no.1). The petitioner, on the basis of letter dated 16.04.2015, after completing the requisite formalities, joined the post of District Coordinator (Civil) on 16.04.2015 and started performing his duties with sincerity and devotion.

4. He further submits that the respondent no.1 issued a charge sheet dated 26.09.2020 containing 11 charges against the petitioner and the petitioner was required to submit reply to the aforesaid charge sheet up till 30.06.2020. The petitioner submitted a reply dated 30.06.2020 denying all the charges levelled against him. Considering the petitioner's reply dated 30.06.2020, the respondent no.1 did not proceed further and, therefore, neither any inquiry has been conducted by the respondent no.1 nor any inquiry officer was appointed to conduct inquiry with respect to the charges levelled against the petitioner. Thereafter the petitioner continued to perform duties entrusted upon him as District Coordinator (Civil), Deoria.

5. Subsequently, another charge sheet was issued by respondent no.1 dated 27.1.2020 containing 12 charges, reply of which has been submitted by the petitioner on 26.12.2020 denying all the charges levelled against him. Again nothing was done with respect to the aforesaid charge sheet and the petitioner continued to perform his duties as District Coordinator (Civil), Deoria. Thereafter another charge sheet dated 16.03.2021 containing 5 charges was issued against the petitioner to which he submitted a reply dated 20.03.2021 denying the charges levelled against him, considering which no inquiry was conducted against the petitioner.

6. He further submits that the petitioner's work is supervisory in nature i.e. of looking into work assigned to the Gram Pradhan with respect to requirement of Primary School regarding infrastructure as well as facilities required in the educational institutions. The petitioner had no role either to arrange materials of infrastructures or labours or make arrangement of fund for carrying out of his supervisory work, rather all the things were under the control of Gram Pradhan and other authorities.

7. Surprisingly, without giving any notice or affording any opportun