SANJEEWAN LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A.P. Singh, learned counsel for petitioner, Sri Vikrant Raghuvanshi, learned State counsel and perused the record. Petitioner who was working on the post of Stenographer and posted under Sub -Divisional Magistrate, Tarabganj placed under suspension by order dated 03.12.2009 pending disciplinary proceedings.

(2.) A chargesheet has been issued to the petitioner on 27.12.2009, served on him through Tehsildar, Sadar, after receiving the same he sought time by letter dated 15.02.2010 from the Inquiry Officer to submit reply to the charges leveled. On 17.02.2010, he wrote a letter to the Inquiry Officer demanding certain documents, after receiving the said letter the Inquiry Officer on 23.02.2010 has given the documents as demanded by the petitioner. Again on n 05.03.2010, petitioner wrote a letter demanding certain other documents in response to which the Inquiry Officer has written letter dated 08.03.2010. But, the petitioner not participated in the inquiry proceedings, filed a Writ Petition No. 295 (SS) of 2010, disposed of by order 22.01.2010, relevant portion quoted as under: -

(3.) THE newly appointed Inquiry Officer on 27.04.2010 given opportunity to the petitioner to cross examine the witnesses, produced by the department in support of the charges leveled on him, thereafter on 11.05.2010 the petitioner was allowed to cross examine Sri Nand Kumar Tiwari, Lekhpal/Prabhari Tehsil, Tarabganj, on 17.05.201, Sri Kalka Prasad, Tehsildar, Gonda, on 30.04.2010, Sri Indresh Kumar,SDM, Tarabganj, on 30.04.2010, Sri Radhey Shyam Bahadur, Tehsildar, Tarabganj, and on 30.04.2010 Sri Triloki Nath Tiwari, Lekhpal, and on 30.04.2010 Sri Haribansh Ardali, Up Ziladhiari, Gonda, the cross examination of the abvoesaid witnesses have been done by way of question and answer form, however, at that relevant point of time, the petitioner has not raised any grievance that the said procedure is not as per law for conducting the disciplinary proceeding and he has not been given any opportunity for cross -examining the said witnesses orally.