STATE OF U P Vs. RAKESH KUMAR MISHRA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners Sri Harshwardhan and Sri R. K. Singh, learned counsel appearing for respondent No. 1.

(2.) THE State has filed this Writ petition challenging the order passed by the State Public Services Tribunal, Lucknow dated 26-8-1996 by means of which, the claim petition preferred by the respondent No. 1 against the order of punishment of dismissal from service has been set-aside and a direction has been issued that the petitioner shall be reinstated in service with all consequential benefits of arrears of pay, allowances and seniority etc.

(3.) EVEN, if the enquiry proceeded in absence of the claimant-respondent No. 1, the admitted fact is that the claimant-respondent No. 1 had requested for the supply of the documents, which were to be relied upon in the enquiry proceedings and had also requested for adducing his defence witness, but both of his prayers were not accepted, therefore, the claimant-respondent No. 1 could not adduce any evidence. These are few amongst other reasons given by the Tribunal which, are sufficient for holding that the impugned order of punishment of dismissal from service passed by the State-opposite parties, was passed on the basis of an enquiry, which could not be said to be an enquiry in the eye of law.