LAWS(ALL)-2000-11-116

SUBODH KUMAR TRIVEDI Vs. STATE OF U P

Decided On November 24, 2000
SUBODH KUMAR TRIVEDI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The petitioner being aggrieved by an order of removal from service dated August 1, 1997, has approached this Court under Article 226 of the Constitution of India. The petition was filed on October 13. 1997, on which date the High Court passed an order giving time to the learned standing counsel for seeking instructions on the question of competence of the authority who has passed the order of removal from service.

(2.) The matter was listed for several times and on April 17, 1999, the Court again taking into consideration that since no counter-affidavit has been filed, passed an order that the contention of the petitioner is that he has been removed from service without following the principle of natural justice as the Enquiry Officer although has relied upon the preliminary enquiry report but neither the copy of the report of the preliminary enquiry was furnished to him nor he was allowed to cross-examine the witnesses and that the order of removal was passed not by the competent authority, allowed two weeks time and no more to the State to file counter-affidavit and directed for production of the record also. The order further directed that both the parties to come prepared for final disposal of the writ petition.

(3.) Later on counter-affidavit has been filed by the State to which rejoinder-affidavit has been filed by the petitioner.