PURUSHOTTAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was a reader in the office of Sub-Divisional Officer/Up-Ziladhikari. He has challenged his dismissal order by this writ petition under Article 226 of the Constitution.

(2.) In order to appreciate the arguments addressed before the Court, a brief statement of the relevant facts would be necessary.

(3.) The petitioner was working on the post of reader in the court of Sub-Divisional Magistrate (Up-Ziladhikari) on substantive basis. On 09.04.1997, the petitioner was suspended on the ground of some serious allegations with regard to dereliction of the duties and misconduct. One of the allegations was that he obtained signatures of two different officers in same case/matter. The suspension order was passed by the District Magistrate, Gorakhpur. A copy of the suspension order dated 01.04.1997 is enclosed as Annexure-2 to the writ petition. It appears from record that suspension order itself was treated as charge sheet. The petitioner was given additional charge sheet on 09.04.1997. In the additional charge sheet, seven more charges have been included. The District Magistrate has appointed the Settlement Officer (Consolidation), Gorakhpur as Inquiry Officer on 10.4.1997. The Tehsildar filed an FIR against the petitioner under Section 409 IPC which was registered as Case Crime No. 571 of 1977 at Police Station Chauri Chaura, Gorakhpur.