QAMRUL ISLAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amitabh Kumar Rai, learned Counsel for the petitioner and Mr. R.K. Chaudhary, learned Counsel for the Federation.Petitioner has filed the instant writ petition being aggrieved by the impugned dismissal order dated 8.5.2003 passed by the Managing Director and the impugned recovery order dated 24.2.2005 passed by the General Manager.

(2.) From the material on record, it comes out that on 1.3.1984, the petitioner was appointed as Project Engineer in U.P. Co-operative Processing and Cold Storage Federation Limited and he was promoted as Executive Engineer in the year 1996. When the petitioner was unwell, he informed the higher authorities about his illness. However, when a show-cause notice dated 19.12.2002 was delivered by hand to the petitioner, he came to know that he was suspended on 10.10.2001 itself and a charge-sheet was allegedly sent and an enquiry was conducted by the General Manager behind his back. According to the petitioner, thirteen charges were levelled against him. Further, no date, time and place was communicated by the Enquiry Officer or by the disciplinary authority for recording of any such evidence.

(3.) On the other hand, Standing Counsel has submitted that the petitioner who was the Executive Engineer of the U.P. Cooperative Processing and Cold Storage Federation Limited (PACSFED) was suspended vide order 10.10.2001 and disciplinary proceedings were initiated. A charge-sheet was issued to the petitioner vide letter dated 19.7.2002. Several opportunities were given to the petitioner for reply of charge-sheet, but the petitioner was failed to submit the reply of the charge-sheet. The Enquiry Officer sent the letters on 7.8.2002, 23.8.2002, 30.9.2002 and 30.9.2002. In absence of reply, the enquiry Officer concluded the inquiry in accordance with law, after providing proper opportunity to the petitioner and submitted his report to the competent authority on 5.12.2002.