RAM SARAN Vs. STATE OF U P

JUDGEMENT

(1.) R. H. Zaidi, J. By means of the present petition, petitioner prays for is suance of a writ, order or direction in the nature of certiorari quashing the order dated 10-6-96 whereby the petitioner has been dismissed from the post of Dy. Cashier in the office of Sub-Treasury Of fice, Haridwar. Prayer for a writ order or direction in the nature of mandamus com manding the respondents to permit the petitioner to function as Dy. Cashier in the said office has also been made.

(2.) ACCORDING to the petitioner's case, while he was working as Dy. Cashier in the Sub-Treasury Office, Haridwar he was suspended from the service. Challenging the validity of the order of suspension, petitioner filed Civil Misc. Writ Petition No. 30525 of 1995, which was finally dis posed of by this Court on 31-10-95 observ ing that the order of suspension was non-est and the petitioner was given liberty to approach the competent authority for ventilation of his grievances. The petitioner, thereafter has filed the repre sentation before the competent authority; but so far his representation has not been decided. In the meanwhile petitioner was served with a charge -sheet containing as many as three charges of serious nature. Petitioner, thereafter, submitted his reply of the said charge sheet and an enquiry was conducted by the Enquiry Officer, who after completing the enquiry submitted the enquiry report. It is stated that without furnishing the copy of the enquiry report to the petitioner, respondent No. 2 relying upon the findings recorded by the Enquiry Officer dismissed the petitioner from ser vice. Petitioner, therefore, had no option, but to approach this Court under Article 226 of the Constitution of India and tile the present petition.

(3.) I have also considered the submis sions made by the learned Counsel for parties.