STATE OF U P Vs. CHINTA HARAN PATHAK

JUDGEMENT

(1.) I. P. Vasishth, J. Services of the private respondent No. 1 Chinta Haran Pathak from the post of Milk Supervisor, Government Dairy, Agra were dispensed with under order of dismissal dated 31-12-1980, affirmed in appeal on 23-11-1983 in pursuance to an adverse report of the inquiry autho rity on the charges of misconduct. The dismissal was set aside by the Services Tribunal under impugned order Annexure-1 with the writ petition ; feeling aggrieved against which the State has approached this Court by way of writ proceedings under Article 226 of the Constitution of India.

(2.) THE moot point involved in the case is as to whether the Inquiry Officer could proceed on the basis or charge-sheet Annexure-5 issued under his own signatures. To be precise, the charge-sheet was neither issued nor ever approved by the appointing authority and it is no body's case that the service rules applicable to the case authorised the Inquiry Officer to issue the charge-sheet.

(3.) HENCE for the reasons recorded above, for want of merits, the writ petition fails and is accordingly dismissed. There would however, be no order as to costs. Petition dismissed. .