BARNAM SINGH Vs. DIRECTOR SAMAJ KALYAN DEPARTMENT

JUDGEMENT

(1.) Heard Sri K. Ajit Counsel for the petitioners and learned Stanaing Counsel.

(2.) Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided.

(3.) The facts of the case as emerge from the pleadings of the parties are petitioner was appointed as Driver in Samaj Kalyan Department, Agra in the year 1982. With regard to an incident of theft of jeep from the office of Additional District Development Officer in the night of 30th November, 1989/1st December, 1989 the petitioner was placed under suspension, A charge sheet dated 11th June, 1990 was issued against the petitioner. In the charge-sheet charge levelled against the petitioner was that on 30th November, 1989/1st December, 1989, petitioner was unauthorisingly sleeping in the office along with the Chowkidar, Brij Rai Verma, Brij Raj Verma at 4 A.M. went to his home after informing the petitioner on which the petitioner said that he would be there. It was alleged that due to carelessness and negligence of duty of the petitioner jeep No. URT 3411 was stolen. With regard to theft of jeep a first information report was lodged in Police Station Shahganj on which final report was submitted by the police that the accused could not be traced out. Petitioner submitted his reply and denied that Chowkidar went to his home at 4 a.m. after informing him. It is to be noted that against the Chowkidar, Brij Raj Verma also the departmental enquiry was initiated. The Enquiry Officer submitted an enquiry report against both, petitioner and Brij Raj Verma. In the enquiry reported dated 16th December, 1995 it was stated that the petitioner was unauthorisingly staying in the office and when Brij Raj Verma went to his residence after informing the petitioner, it was the duty of the petitioner to be on extra vigil in which he failed. The Enquiry Officer held both, Sri Brij Raj Verma and the petitioner, responsible for theft of jeep. A show cause notice was issued to the petition on 17th May, 1996.