U.K. Warehousing Corporation & Another vs Bihari Lal

Ritu Bahri, CJ

Uttarakhand State Waterhousing Corporation has come up against the order of the learned Single Judge 30.05.2018, whereby the writ petition filed by Bihari Lal has been allowed, keeping in view that when show cause notice was given to the petitioner on 22.06.2016, he was only given one day’s time to give his reply and this time was not sufficient and it violated the principle of natural justice.

Keeping in view the fact that the writ petition was allowed, the only grievance of the appellant is that in this order, it has been held that in Regulation 16 of the U.P. State Waterhousing Corporation Staff Regulations, there is no provision for dismissal of service, though under the Regulation, there is a provision.

This Special Appeal is disposed of only by clarifying that in Regulation 16, ‘dismissal of service’ may also be made. However, in the present case, since the show cause notice dated 22.06.2016 was only given to the respondent to file his reply and there was no mention that his service will be terminated, a fresh order in accordance with law will be passed by the appellants after giving due opportunity of hearing to the respondent.