STATE OF UP Vs. MOHD AKEEN

JUDGEMENT

(1.) Heard learned Standing counsel on behalf of the petitioner and learned counsel for the respondents. Perused the records.

(2.) After hearing the parties, the fact borne out that on account of absence from duty for about 23 days a charge-sheet was served on the claimant respondent and after holding inquiry he was punished with dismissal from service.

(3.) A plea was taken before the Tribunal that documents relied upon by the Inquiry Officer were never served on the claimant respondents. Accordingly, Tribunal relying upon the judgment of Hon'ble Supreme Court in Triloki Nath v. Union of India and others, 1967 SLR 759, held that denial to provide copy of material document amounts to denial of reasonable opportunity to defend. The finding recorded by the tribunal on this score has not been disputed. However, it has been submitted by the learned Standing Counsel that Tribunal should have given liberty to proceed a fresh.