LAWS(ALL)-2013-8-69

G. K. GUPTA Vs. STATE OF U.P.

Decided On August 30, 2013
G. K. Gupta Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Mr.Sandeep Dixit, learned Counsel for the petitioner, Mr.I. B. Singh, Senior Advocate duly assisted by Mr.Krishna Kumar Singh, learned Counsel for the contesting opposite parties.

(2.) Aggrieved by the order of dismissal dated 1.5.2001, the petitioner has filed the instant writ petition primarily on the ground that the impugned order of dismissal is wholly illegal and unjust as the disciplinary proceedings have been conducted in utter disregard to the principles of natural justice; the necessary documents which were utilized against the petitioner by the inquiry officer were not supplied despite specific requests, opportunity to cross-examination was denied and lastly the copy of the enquiry report was not furnished alongwith show cause notice which vitiates the impugned order. The other ground is that he has been subjected to hostile discrimination in the matter of inflicting punishment as the Enquiry Officer has held all the members of the Committee to be equally and jointly responsible.

(3.) Factual matrix of the case, which necessitated filing of instant writ is that the petitioner being eligible and successful was appointed as General Manager, Kisan Cooperative Sugar Factory, Satha, Aligarh vide an order dated 4.4.1980, on which post he was later on confirmed. During the petitioner's service tenure, he was awarded 'Technical Efficiency Award', 'National Efficiency Award' and 'Best Productivity Award'. Even, he earned unblemished and excellent service record. During the petitioner's posting at Kisan Cooperative Sugar Factory, Nadehi, Sri Sarvesh Kumar, local MLA sent two complaints - first to the Cane Commissioner, who by virtue of his post happens to be the Registrar of the Cooperative Sugar Federation and the other to the Managing Director of the Corporation, who sought an explanation from the petitioner vide letter dated 15.7.1997, to which the petitioner tendered his reply enclosing therewith a complaint preferred by the petitioner.