HARI KRISHAN VASHISHTHA Vs. GOVERNMENT OF U P

JUDGEMENT

(1.) The petitioner, who is a Sub-Inspector of Police, was, in 1983, the Station Officer of Police Station, Bah district Agra. On 15/11/1983, in a surprise raid, a bus was found to be operating without obtaining a valid licence. The petitioner was prima facie considered responsible for permitting the illegal service, and a show cause notice was served on him. Ultimately an order was passed on 14/06/1984 withholding the integrity certificate of the petitioner. The departmental appeal and later a revision application filed by the petitioner were dismissed. After unsuccessfully moving the U. P. Public Services tribunal, the petitioner filed a writ application in the Allahabad High court which was dismissed by the impugned order.

(2.) Heard the learned counsel for the parties. Special leave is granted.

(3.) According to the case of the appellant, he was not guilty of dereliction of duty as off the relevant date he was made in charge of a big mela held at Bateshwar, a place about 8 km. from Bah. He, therefore, could not remain at Bah to check the illegal plying of the bus. After the dismissal of his petition by the U. P. Public Services tribunal, he filed a petition for review seeking leave to produce certain documents maintained in the department which established his defence. The tribunal observed that the documents belatedly offered in evidence did show that the appellant was not working as Station Officer at Police station Bah on the material date and some other officer was in charge, but refused to review its earlier judgment on the ground that the aforesaid document should have been produced when the main case was being heard.