RAM SHESH MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Avdhesh Shukla learned counsel for petitioner and the learned State Counsel appearing on behalf of opposite parties.

(2.) Petitioner has assailed the order dated 2nd December, 1999 whereby minor penalty has been imposed upon him. Appellate order dated 28th August, 2010 has also been assailed.

(3.) As per averments made in the petition, petitioner while serving as Collection Amin in District Ambedkar Nagar was suspended from service by means of order dated 6th January, 1999 and was served with a charge sheet on the same date, which pertained to three charges, two of which pertained to under recovery being affected by petitioner. The second charge pertained to residing outside the area of operation, which as per the charge was against the service regulations applicable upon petitioner. It has been stated that petitioner replied to the charge sheet denying the charges levelled against him whereafter inquiry proceedings ensued but no proper opportunity of hearing was provided to petitioner since no witness was adduced in evidence nor any opportunity of cross examination had been given. After submission of inquiry report, the impugned order has been passed which was appealed against, which also has been rejected leading to filing of the present petition.