STATE OF UTTAR PRADESH Vs. BRAHM DATT SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order of the High Court of Allahabad quashing the State Government's Notice dated 29-1-86 issued under Art. 470(b) Civil Service Regulations, calling upon the respondent to show cause as to why his pension and gratuity be not forfeited.

(3.) Relevant facts giving rise to this appeal are necessary to be recapitulated. Brahm Datt Sharma was employed as an Executive Engineer in the Irrigation Department of the State of Uttar Pradesh. A number of charges were framed against him and after departmental inquiry charges were found proved consequently. He was dismissed from service by the State Govt.'s Order dated November 10, 1972. He unsuccessfully challenged the validity of the Order before the U.P. Public Service Tribunal. Therefore he filed a writ petition under Art. 226 of the Constitution before the High Court challenging the order of dismissal. A single Judge of the High Court of Allahabad by his Order dated 10-8-84 set aside the order of the Tribunal and quashed the State Government's Order dismissing the respondent from service on the ground that he had not been afforded reasonable opportunity of defence inasmuch as the recommendation made by the inquiry officer relating to the quantum of punishment against the petitioner had not been communicated to him. While allowing the writ petition the learned single Judge made the following observations: