STATE OF UTTAR PRADESH Vs. SHATRUGHAN LAL

JUDGEMENT

(1.) The respondent who was a Lekhpal in the service of the State Government, was dismissed from service after a regular departmental inquiry. The order of dismissal was challenged before the U.P. Public Services Tribunal which, by its judgment dated 13-3-81, allowed the claim petition with the findings that the departmental proceedings conducted against the respondent as also the order dated 28-2-77 by which he was removed from service were illegal and void. The State of U.P. then filed a writ petition in the High Court which was dismissed summarily on 4-2-82.

(2.) We have heard learned counsel for the parties. The Tribunal has found as a fact that copies of the document which were proposed in the charge-sheet to be produced in the departmental proceedings as proof in support of articles of charges were not supplied to the respondent. This finding was based on the own admission of the appellant in the written statement that the copies of the documents mentioned in the charge-sheet were not supplied to the respondent which could be inspected by him at any time. The Tribunal further found that the copies of the statement recorded during the preliminary inquiry on the basis of which the charges were subsequently framed against the respondent were also not supplied to him. It was, on these two grounds that it was held by the Tribunal that the inquiry proceedings were bad in law.

(3.) These findings are assailed before us by the counsel for the State of U.P.