HULASHI RAM SAGAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel.

(2.) BY means of this petition, the petitioner prays for quashing of the impugned order dated 13-1-1993 passed by Opposite Party No. 2 as contained in Annexure No. 16 to the writ petition by which petitioner was reverted from the post of Sub-Divisional Magistrate to the post of Tehsildar. After enquiry, it is stated that the petitioner committed some illegality, therefore, a departmental enquiry has been initiated and the charge-sheet dated 28th July, 1990 was served on the petitioner. The petitioner after receipt of charge-sheet, sent a reply on 17th September, 1990. The enquiry officer after receipt of reply sent by the petitioner did not fix any date for enquiry or record any evidence or permit the petitioner to cross-examine the witnesses, submitted a report to the authority concerned for action against the petitioner.

(3.) IN view of the facts stated above, the impugned order of reversion dated 13th June, 1993 contained in Annexure-16 which was based on improper regular enquiry is hereby quashed. Writ petition is allowed. The petitioner's Counsel states that the petitioner has already retired. Therefore, we direct that the petitioner will get the other benefits in accordance with law. No order as to costs. Petition allowed. .