SUBHASH CHANDRA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for issuing a writ of certiorari quashing the order dated 11.6.2009 passed by Respondent 1 by which the Petitioner has been dismissed from service.

(2.) The facts giving rise to this writ petition are that the Petitioner while working as Senior Consultant (Pathology) at Gautam Budh Nagar was served a charge-sheet for preparing a fake medical report with respect to the rape of a lady after taking bribe of Rs. 5000/-. This was revealed during the Sting Operation of India T.V. Consequently an F.I.R. was lodged against the Petitioner in Case Crime No. 696 of 2007 under Sections 420, 467, 468 and 471, I.P.C. read with Sections 7 of 13(1)d, 13(2) of Prevention of Corruption Act at police station Noida Gautam Budh Nagar. Thereafter Petitioner was sent to jail and remained there for more than 48 hours. Consequently, he was suspended on the ground that he remained in jail for more than 48 hours. Thereafter a charge-sheet dated 10.1.2008 was served on the Petitioner in which the Petitioner was charged for violation of Rule 3 of U.P. Government Servant Conduct Rules 1956 and also with respect to the preparation of fake inquiry report on the fake address of a lady with respect to the rape case. The Petitioner was also required to submit his reply within fifteen days. The Petitioner thereafter submitted his reply and denied the charges. Thereafter the Inquiry Officer has submitted his report on 4.4.2008, copy of which has been brought on record as Annexure-5 to the writ petition.

(3.) From the perusal of enquiry report it transpires that the Inquiry Officer has not found the charges proved. It appears that thereafter another report-was submitted on 28.5.2008 this is not part of the record of the writ petition but the learned Standing Counsel has produced the same before us on our direction which is directed to be taken on record and after considering the aforesaid report the Respondent No. 1 has dismissed the Petitioner from service after getting approval of Public Service Commission.