SAHNGOO RAM ARYA Vs. CHIEF SECRETARY U P

JUDGEMENT

(1.) BY means of this writ petition the petitioner has challenged the order dated 13 -9 -2001 (Annexure 1 to the writ petition) passed by Respondent No. 3, by which the petitioner has been dismissed from service.

(2.) THE brief necessary facts as contained in the writ petition are that the petitioner joined the service of the department of Minor Irrigation of the U.P. Government as Assistant Engineer in December, 1980 and was promoted to the rank of Executive Engineer vide order dated 11 -9 -89 and thereafter he was also given the officiating charge on the post of Superintending Engineer, Jhansi Circle. It has been stated that regular promotion of the petitioner to the post of Superintending Engineer under the reserved quota fell due and as he was the senior most Executive Engineer under the reserved quota, negotiations were started at the instance of the Minister concerned but as the petitioner did not agree he was subjected to harassment by way of transfer, suspension, withdrawal of financial power reversion and ultimately the impugned order of dismissal. The petitioner states that against the orders of transfer, suspension, withdrawal of financial powers and reversion etc. petitioner approached this Court from time to time by filing writ petitions, upon which at all the stages the petitioner was given interim protection by this Court. Details in this respect have been given in para 4 of the writ petition. In respect to the irregularity which is said to have been committed by the petitioner in the year 1994 -95, 1995 -96 while posted in Ghazipur Division a disciplinary proceeding was started and by the order dated 13th May, 1999, Gomti Singh/Respondent No. 6 was appointed as Enquiry Officer. It is said that Gomti Singh, the enquiry officer was related to the concerned Minister Sri Markandey Chand, who has been arrayed as Respondent No. 2 in the writ petition and as there happened to be motive on the part of the concerned Minister against the petitioner, repeated requests were made to change the enquiry officer, in respect of which a direction was also given by this Court in writ petition No. 28512/99 on 16 -3 -2001 (vide Annexure 7 to the petition) but the enquiry was got completed through the abovementioned Gomti Singh. After completion of the enquiry a show cause notice was issued to the petitioner on 12th June, 2000 to which petitioner submitted a reply on 15th July, 2000 and thereafter Respondent No. 3 issued the impugned order by which the petitioner has been dismissed from service and it is this order which has made the petitioner aggrieved, to come up to this Court.

(3.) WE have heard learned Counsel for the parties and have carefully perused the pleadings as have been set forth in this writ petition and the material brought on record.