Allahabad High Court Overturns Dismissal Of Dependent Appointed In Nagar Panchayat Case

The Allahabad High Court has ruled that the appointment of Mrs. Gauri Shukla as a peon in Nagar Panchayat Tirwaganj, Kannauj, under the dependent quota, was legally valid and not influenced by any will of the deceased employee.

The court dismissed the six charges that led to Shukla’s dismissal, stating that these allegations were legally unfounded.

Insights

Justice JJ Munir, delivering the judgment, emphasized that the charges against Shukla, which included allegations of inadequate recovery, mismanagement of registers, misconduct with officers, abuse of a Scheduled Caste employee, and collecting money from liquor shops, lacked legal substance.

The court criticized the Executive Officer and Investigation Officer for fabricating these charges and advised them to exercise greater caution in the future.

The court’s order reversed Shukla’s dismissal, mandating her immediate reinstatement and regular salary payments.

The court directed to pay half of the salary for the period she was out of service without delay.

While the court affirmed Shukla’s right to reinstatement, it also instructed her to cooperate with ongoing investigations.

The legal battle centered around Shukla’s appointment following the death of her husband, Atul Kumar Shukla, who was an employee at the Nagar Panchayat.

Despite the family dispute excluding Shukla and her children from inheritance, the appointment under the dependent quota went ahead because Shukla remained married.

The dispute over the will prompted Shukla’s mother-in-law and brother-in-law to challenge the appointment.

Following the complaint from Shukla’s mother-in-law, the Executive Officer harassed Shukla, leading to fabricated charges.

An inquiry committee formed a charge sheet, which led to Shukla’s dismissal.

Shukla contested these allegations, arguing that they were baseless and that her dismissal lacked a fair hearing.

Advocates Ashish Kumar and Girish Singh, representing Shukla, argued that the dismissal was unjust and based on fabricated claims.

They highlighted that Shukla’s dismissal was not substantiated by law.

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