CHARANJEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Mr. Sudeep Seth, learned counsel appearing for opposite parties no 3 to 4 and perused the record.

(2.) The writ petition was filed in the year 1990 challenging the order dated 03.08.1990 whereby the punishment of removal from service has been awarded to petitioner as well as the enquiry report dated 12.7.1990 holding petitioner guilty of misconduct.

(3.) As per given facts, the petitioner was appointed on the post of Security Supervisor -cum -Warden vide order dated 12.5.1987 in Tool Room Training Institute (ITTUP) which is an instrumentality of the State under Art. 12 of the Constitution of India. The service conditions of the petitioner were governed under Institute of Tool Room Training U.P. Conduct, Discipline and Appeal Rules (for short the 'Rules'). He was confirmed in service vide order dated 16.5.1988. On the basis of certain charges and serious misconduct, petitioner was placed under suspension vide order dated 16.11.1989 against which he had preferred Writ Petition No. 10263 of 1989 wherein the Court had refused to interfere with the suspension order, however, had provided that the petitioner shall be paid full salary during suspension period. After completion of the disciplinary proceedings by the impugned order petitioner has been awarded punishment of removal which is under challenge in the present writ petition.