(1.) In this writ petition order dated 29.11.1997, passed by Sub-Divisional Officer/ Appointing and Punishing Authority, Garautha (Jhansi), has been challenged whereby the petitioner's service has been terminated on the ground that the petitioner was absent from duty, for less collection of revenue, depositing the revenue to the treasury without getting it verified by senior officer, not depositing the revenue timely to the treasury or for not depositing to the concerned man. Heard Sri Chandra Mohan Jha, learned counsel for the petitioner as well as Sri S.S. Sharma, additional chief standing counsel along with Sri Raj Kumar standing counsel for the respondents.
(2.) Brief fact necessary for adjudication of the present writ petition was that petitioner was suspended on 21.3.1996 and was served a charge-sheet on 5.9.1996 which was replied by the petitioner. An Enquiry Officer served a supplementary charge-sheet and the petitioner had again submitted his reply and thereafter the impugned order of termination dated 29.11.1997, had been passed removing the petitioner from his service. According to the learned counsel for the petitioner, the impugned order of termination was passed in violation of the principles of natural justice and in violation to the provision of Article 311 of the Constitution. It has also been brought to the notice of the Court that after the reply of the charges alleged against the petitioner the Enquiry Officer had not informed him the date, place and time of enquiry and also had not provided the petitioner an opportunity of hearing and had also not supplied the proper documents and the material evidence and documents relied by him in the enquiry report and the Enquiry Officer has also not given opportunity to cross-examine the witnesses, as such the enquiry of the termination was in violation of the principles laid down in the case of Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 471.
(3.) It has also been submitted on behalf of the petitioner that the petitioner was awarded major punishment without informing the grounds on which the impugned order was passed and without furnishing the enquiry report to the petitioner after the conclusion of the enquiry report by the disciplinary authority, as such the petitioner was not afforded opportunity to defend himself and the entire procedure was in violation of prevailing rules.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN