STATE OF UTTAR PRADESH Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) The respondent Om Prakash Gupta was successful in the U. P. Civil Service (Executive) Competition held in 1940. He joined the service on June 20, 1940. Thereafter he was confirmed in due course. After serving in some districts in U. P. he was posted to Lakhimpur Kheri in July, 1944. He joined there as S. D. O. on July 20, 1944. On the basis of a report submitted by his Deputy Commissioner on August 20, 1944, the Government placed him under suspension on August 23, 1944. Mr. Bishop, the Commissioner, Lucknow Division was appointed as the enquiry officer to enquire into the allegations made against the respondent. He framed the following four charges against him.

(2.) These charges were duly served on the respondent. Thereafter Mr. Bishop held an enquiry on the basis of those charges in the presence of the respondent. He came to the conclusion that the respondent was guilty of all the charges though he found that there is no positive evidence of any immoral act on his part. The Government accepted those findings and after obtaining the concurrence of P. S. C. dismissed the respondent.

(3.) The respondent thereupon filed a suit on December 4, 1948, challenging on various grounds, the validity of the order dismissing him. The learned Judge who tried the suit set aside the order of dismissal on the sole ground that a second show cause notice as required by Section 240 of the Government of India Act, 1935 had not been given. This decision was upheld in appeal both by the High Court as well as by this Court. In this judgment, the trial Court had observed that it was open to the Government to continue the second stage of the enquiry in accordance with law. On April 12, 1949, the Government set aside the order of dismissal made by it on November 25, 1944. At about the same time it issued a notice to the respondent calling upon him to show cause why he should not be dismissed from service on the basis of the findings reached by the enquiry Officer. By that notice he was required to show cause against the proposed punishment by May 31, 1949. That notice was served on the appellant on April 30, 1949. On receipt of that notice, the respondent wrote to the Government requesting that he may be allowed time upto July 31, 1949 to show cause against the proposed punishment. But the Government granted him time only upon June 25, 1949. He was told that no further time will be given to him and if he failed to show cause by that time, it will be deemed that he has no cause to show. Despite this warning, the respondent did not show cause against the proposed punishment. On the other hand he challenged the Government's right to call upon him to show cause against the proposed punishment as he proposed to file an appeal against the order of the trial Court in so far as that Court did not uphold his contention that the enquiry held by Mr. Bishop was wholly vitiated. Thereafter the Government proceeded ex parte. It accepted the report of the enquiry officer, came to a tentative conclusion that the respondent should be dismissed; it consulted the Public Service Commission afresh and dismissed the appellant by its order dated August 30, 1949. That order reads thus: