DEVENDRA SINGH SISODIYA Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary rejoinder-affidavit filed today is taken on record. This writ petition has been filed by the petitioner seeking quashing of the order dated 22.6.2004 by which the petitioner was removed from the post of Conductor and the Appellate order dated 21.9.2004 rejecting the appeal of the petitioner.

(2.) The facts of the case, in brief, are that while working on the post of Conductor in the UPSRTC, the petitioner was issued a charge-sheet dated 25.2.2003 by the Assistant Regional Manager, Taj Depot District Agra wherein it was alleged that the petitioner had remained absent from duty for a considerable period of time. It appears that on 30.3.2003 a fresh charge-sheet was issued to the petitioner by the Regional Manager, Taj Depot Agra. An enquiry officer was appointed on 30.9.2003 and the first date of enquiry was fixed on 10.2.2004 at 11 a.m. It is further the case of the petitioner that a show-cause notice was issued to him on 29.1.2004 and thereafter the services of the petitioner were terminated by the order dated 22.6.2004. Aggrieved the petitioner preferred an departmental appeal which too was rejected by the order dated 22.9.2004. In paragraph 8 of the writ petition it is stated that he was suffering from T.B. and a medical certificate was also issued by the Chief Medical Officer, Agra advising the petitioner rest from 30.3.2004 to 30.6.2004 and as such he could not appear before the enquiry officer.

(3.) When the matter was taken up earlier, this Court by its order dated 2.12.2011 had directed the petitioner to file a supplementary affidavit bringing on record the copy of the enquiry report. By a further order dated 26.4.2012 this Court had directed the UPSRTC to supply a copy of the enquiry report to the learned counsel for the petitioner. In pursuance of the direction of this Court an affidavit has been filed on 13.5.2012 and a copy of the enquiry report has been filed as Annexure SCA-I.