SUDHIR KUMAR SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking to impugn his termination order dated 04th December, 1993 passed by the Director, Samaj Kalyan Department, Uttar Pradesh, the respondent no. 2 herein, as being illegal and arbitrary.

(2.) A brief reference to the factual aspect would suffice.

(3.) The petitioner was appointed as Supervisor in the Social Welfare Department on 19th April, 1991 and was posted at Special House (Children Home, as stated by the respondents), Etawah. In August, 1992 the Superintendent of Special House, Etawah was on leave, therefore, the petitioner was officiating his office. In the special house, convicted juveniles are kept for their reform. It is alleged that on 21st August, 1992, 11 children escaped from the special house. In respect of such incident, a preliminary inquiry was conducted, report of which was submitted on 25th August, 1992. In the preliminary inquiry, the petitioner-Sudhir Kumar Saxena and three others, namely, Kunwar Bahadur Singh, Kunwar Pal Singh and B.K. Ram, who were Gate Keeper, Peon and Superintendent of the Special House respectively, were found guilty of negligence and carelessness. On the basis of the preliminary inquiry, the appropriate authority took the decision to initiate disciplinary proceedings against the petitioner. Accordingly, the petitioner was subjected to disciplinary proceedings. On 25th August, 1992 the petitioner was placed under suspension. Thereafter a charge-sheet dated 21st October, 1992 was served on the petitioner. The charge-sheet contained five charges pertaining to the same incident. It is stated that the petitioner submitted his reply to the charge-sheet on 20th November, 1992. It appears that the Inquiry Officer after examining the reply furnished by the petitioner submitted inquiry report dated 23rd February, 1993 to the disciplinary authority, who, as stated by the petitioner, without issuing any show cause notice to the petitioner, passed the order dated 04th December, 1993 dismissing the petitioner from services. Such order of dismissal is impugned in this petition.