SHIV SHANKAR Vs. COMMISSIONER BAREILLY

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the show cause notice dated 25.11.1994, order dated 29.11.1994 dismissing him from service and the appellate order dated 31.3.1995 rejecting his appeal.

(2.) The facts of the case, in brief, are that while the petitioner was working on the post of clerk in the Mahatama Gandhi Palika Inter college, Ujhani District Budaun, he was placed under suspension by order dated 7.5.1992. A charge sheet was issued to him on 30.5.1994 wherein the allegation was that in a pending writ petition no.37002 of 1993 (Smt. Pratibha Singh Vs. Mandaliya Balika Nirikshak, Bareilly, he filed an affidavit without obtaining any narrative or legal opinion or sanction from the Manager of the Committee of Management in writing and swore paragraphs 10,11 and 12 of the said affidavit on personal knowledge and thus a wrong and false affidavit was filed in the High Court.

(3.) Another charge sheet was issued to the petitioner on 27.7.1994 alleging that the petitioner in collusion with one Shri Hodil Prasad Sharma, the then Incharge Principal and some others embezzled an amount of Rs. 31,587.15/- being cash in hand and 17 funds of the Institution amounting to Rs. 5 lacs.