DAYA SHANKAR Vs. HIGH COURT OF ALLAHABAD

JUDGEMENT

(1.) This Writ Petition under Art. 32 of the Constitution is directed against the order dated June 17, 1983 by which the petitioner has been dismissed from the service.

(2.) The petitioner was a member of the U.P. State Judicial Service. He was appointed as Munsif on January 27, 1979 and posted at Aligarh. When he was working at Aligarh he sought permission of the High Court to study LL.M. course of the Aligarh University. He appeared for 1st Semester examination in July 1980. He was found to have used unfair means in the examination. The Registrar, Aligarh Muslim University, informed the District Judge, Aligarh that the petitioner was found copying from the manuscript lying with his answer book. The District Judge thereupon communicated all the information to the High Court. Upon receipt of the information, the High Court referred the matter to Vigilance Cell with the direction to conduct necessary inquiry into the matter. The Cell submitted its report on September 18, 1980 which was placed before the Administrative Committee. The Committee resolved that disciplinary proceedings be initiated against the petitioner and he in the meanwhile be placed under suspension. In pursuance of the said resolution the petitioner was placed under suspension and the Disciplinary inquiry was entrusted to Hon'ble Mr. Justice H. N. Seth.

(3.) The Inquiry Officer framed charge-sheet in the following terms: