RAM PRAHLAD Vs. STATE OF U P

JUDGEMENT

(1.) Through the instant writ petition, the petitioner has prayed for quashing of the impugned order dated 9.4.2002, passed by the opposite party No, 2, as contained in Annexure-7 to the writ petition, whereby he has been reverted to the post of Chakbandi Karta and also an adverse entry has been awarded. The said order has been challenged on the ground that the same has been passed in utter violation of the principles of natural justice inasmuch as the Enquiry Officer found the petitioner having not been held guilty of charges No. 1 and 2. the opposite party No. 2 without affording him an opportunity of being heard, held that all the charges levelled against the petitioner stood proved and thereafter passed the impugned order of punishment.

(2.) Briefly stated the facts of the present writ petition are as follows : The petitioner was appointed as a Lekhpal in the year 1967 and thereafter was promoted to the post of Kanoongo in 1985. In 1990, he was promoted to the post of Assistant Consolidation Officer and with effect from 3.1.1996 he was allowed to officiate as a Consolidation Officer. On 18.12.2000, he was placed under suspension while officiating as a Consolidation Officer in District Barabanki. Against the order of his suspension the petitioner approached this Court in Writ Petition No. 237 (S/S) of 2001. On 17.1.2001, the order of suspension was stayed and the opposite parties were directed to conclude the disciplinary proceedings in accordance with law. A charge- sheet had already been furnished to the petitioner, to which he submitted his reply on 27.2.2001 denying all the charges levelled against him. On completion of the departmental enquiry, the Enquiry Officer submitted his report on 18.10.2001.

(3.) There were four charges levelled against the petitioner as would appear from the perusal of the charge-sheet, a copy of which has been annexed as Annexure-2 to the writ petition. The same being as follows :