SHARDA PRASAD MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) S. P. Mishra, appellant in the appeal herein has unfortunately expired during the pendency of the appeal. His widow has been substituted as the appellant.

(2.) S. P. Mishra was a member of the Higher Judicial Service in the State of uttar Pradesh. As a result of disciplinary proceedings he was dismissed from service on the recommendation of the High court by the order dated 4/2/1978. Mishra challenged the order of dismissal by way of a writ petition under Article 226 of the Constitution of India before the Allahabad High court. A Division bench of the High court upheld the order of dismissal.

(3.) Learned counsel for the appellant has raised only one contention before us. According to him the order of dismissal is vitiated on the short ground that the copies of the depositions of the witnesses were not made available to the judges of the High court at the time, when they were considering the inquiry report. We see no force in the contention of the learned counsel. The inquiring authority submitted a detailed report running into 120 pages. The gist of thedepositions, made before the Enquiry Officer, was incorporated in the enquiry report. The High court in the impugned judgment observed as under :