JAGDAMBA PRASAD SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The appellant while holding the post of a Sub-Inspector was placed under suspension by an order dated 1st June, 1977 and was transferred to Gorakhpur by an order dated 4th August, 1977 in order to face disciplinary proceedings. The appellant did not participate in the disciplinary proceedings allegedly on account of illness and being confined for medical treatment at Kanpur and also on account of financial crunch for non-payment of subsistence allowance. The appellant was served with a show cause notice dated 29th December, 1978 proposing punishment of removal from service. In reply thereto, appellant raised several objections indicating irregularities in conduct of departmental proceedings. The Deputy Inspector General of Police by an order dated 11th February, 1979 directed removal of the appellant from service. After being unsuccessful in departmental appeal and even in a claim petition filed before U.P. Public Service Tribunal, the appellant challenged his order of removal in a writ petition filed in the High Court.

(3.) The only contention pressed on behalf of the appellant before the High Court was that on account of non-payment of subsistence allowance, right from the date of suspension till his removal, he could not participate in the departmental enquiry and, therefore, the proceedings of the said enquiry stood vitiated for denial of grant of reasonable opportunity to him to appear in departmental enquiry. It was rejected by the High Court. The two reasons given by the High Court for rejecting the contention are:- (i) to receive subsistence allowance, the appellant was required to furnish a certificate stating that he is not engaged in any other employment, business, profession or vocation, which was not furnished; and (ii) the appellant had not taken a ground either in the claim petition or in the writ petition that he could not participate in the enquiry because of financial crunch.