AKHILESH KUMAR MISHRA Vs. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, U.P. SECRETARIAT GOVERNMENT AND ORS.

JUDGEMENT

(1.) PETITIONER has approached this Court for quashing of the order dated 25.03.2011 passed by District magistrate, Basti dispensing with the services of Petitioner.

(2.) BRIEF background of the case is that the Petitioner had been regularly absenting himself in the months of July, August, October and November, and on account of this situation, on report being submitted, the Petitioner was placed under suspension on 16.12.2010 after due concurrence was taken. Charge sheet was issued to him on 20.12.2010, to which Petitioner submitted his reply on 06.01.2011. Thereafter, it is reflected that the Inquiry Officer submitted his report on 24.02.2011. Thereafter, again show cause notice was issued to the Petitioner on 05.03.2011. Pursuant to the said notice, Petitioner appeared and stated that he was not well and he might be reinstated back in service. Thereafter, impugned order in question has been passed dispensing with his services.

(3.) IN the present case Rules 6, 7 and 8 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 are necessary to be looked into, and for ready reference, they are being quoted below: