YAR MOHAMMAD Vs. COMMISSIONER DEVI PATAN MANDAL GONDA

JUDGEMENT

(1.) Heard Sri B.M. Sahai, the learned counsel for the petitioner and Sri S.B. Pandey the learned Additional Chief Standing Counsel who has put in appearance on behalf of the opposite parties.

(2.) The petitioner has approached this Court against the order dated 6/06/2001 passed by the Deputy Collector by which the petitioner was removed from service.

(3.) The brief facts of the case are that by the order dated 18/01/2001 the petitioner was placed under suspension and thereafter the charge sheet dated 27/03/2001 was issued to the petitioner and the petitioner was directed to submit his reply to the charge-sheet but no reply was submitted by the petitioner and thereafter the Enquiry Officer submitted his report on 18/05/2001 and on the basis of the enquiry report dated 18/05/2001 a show cause notice dated May 19, 2001 was issued to the petitioner and thereafter, by the impugned order dated 6/06/2001 the petitioner was removed from service. The learned counsel for the petitioner submits that the charge sheet was issued to the petitioner on 27/03/2001 and thereafter the petitioner moved an application on 16/05/2001 before the Enquiry Officer for supplying the relevant documents in order to submits the reply but the required documents were not supplied to the petitioner and the Enquiry Officer, without proving the charges has submitted the enquiry report dated 18/05/2001 and on the basis of the said report the impugned order of removal was passed. He further submits that no opportunity was afforded by the Enquiry Officer to the petitioner to submit his reply and the charges were not proved by the department. He further submits that in a hurried manner the enquiry was conducted by the Enquiry Officer and impugned removal order passed which is in violation of the principles of natural justice. The learned counsel for the petitioner has relied upon a decision of Hon'ble the Supreme Court in case of Sawai Sing v. State of Rajasthan reported in AIR 1986 SC 995 : 1986 (3) SCC 454 : 1986-II-LLJ-390.