RAM PYARI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, who was working as Child Development Project Officer, Bhagwanpur (Hardwar) has challenged the order dated 26.4.1999 of her dismissal from service. The case of the petitioner in brief is that she was served with charge-sheet dated 11.7.1994, copy of which is Annexure-2. She submitted reply to the same on 21,7.1994. Without holding an enquiry, she was served with a show cause notice dated 28.1.1998 along with a copy of the enquiry report. The petitioner approached the Additional Director through District Programme Officer, Moradabad for supplying her the copies of documents and evidence relied against her to enable her to submit an effective reply. She, however, was never supplied any copies of the documents referred to in the charge-sheet neither any evidence was recorded during the enquiry. She made repeated requests for supply of copies of documents. However, no such document was supplied to her ever. The impugned order of dismissal has been passed without affording any opportunity of defence to her and the charges were held to be proved merely on the ground that the petitioner has not been able to disprove the charges. The impugned order is thus arbitrary in nature, since no opportunity was afforded to her as envisaged in Article 311 of the Constitution and Rule 55 of the Civil Services (Classification, Control and Appeal) Rules.

(2.) The case of the opposite parties, however, is that the petitioner was granted every opportunity. She was informed of the date fixed in the enquiry but she did" not co-operate and the order of dismissal has been passed considering the charges, the records and the reply of the petitioner in accordance with law.

(3.) Heard the learned counsel for the parties.