GIRDHAR GOPAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Yogeshwar Sharan Srivastava, learned counsel for the Petitioner and Shri Rajesh Shukla, learned Standing Counsel for the respondents.

(2.) The brief facts of the case are that on 5/7/2001, the Petitioner was suspended pending disciplinary proceedings against him. A Departmental enquiry was conducted and Petitioner was dismissed from service vide order dtd. 11/7/2002. Challenging the said dismissal order, the Petitioner filed Writ Petition (S/S) No.4274 of 2002 in which a specific stand was taken by the Petitioner that enquiry was not done in accordance with law and principles of natural justice was not followed. It is also submitted that no date, time and place was fixed by the Enquiry Officer, therefore, the impugned order could not survive. The writ petition was heard and decided and the Court passed order on 12/8/2008. The impugned order of dismissal was quashed. However, it was open for the respondents to proceed for departmental proceedings afresh.

(3.) The State filed Special Appeal No.63 of 2009 challenging the order dtd. 12/8/2008 which was disposed of with slight modification that State will complete departmental enquiry within four months. An enquiry was completed on 19/1/2011 and impugned order was passed by the disciplinary authority on 6/3/2013 and major punishment has been awarded to the petitioner fixing his salary to the lowest grade which is under challenge.