LAXMI NARAIN TRIPATHI Vs. DEPUTY DIRECTOR FISHERIES BASTI

JUDGEMENT

(1.) SUDHIR Agarwal, J. The Petitioner Laxmi Narain Tripathi aggrieved by the orders dated 30-3-2002, 11-11-2002 and 21-1- 2003 passed by the respondent No. 1, Deputy Director (Fisheries), Basti has sought a writ of certiorari for quashing the said orders and a mandamus commanding the respondents to pay all his dues and fix his seniority.

(2.) SINCE counter and rejoinder-affidavits have been exchanged, as agreed by the learned Counsel for the parties, this matter was heard for final disposal at the time of admission itself under the Rules of the Court and is being decided accordingly.

(3.) THE petitioner, in his rejoinder-affidavit, has denied that the documents were supplied to him vide letter dated 9th May, 2001 and it has been said that on account of non-availability of the relevant documents he could not submit his reply. It is also complained that no suspension allowance was paid to him despite repeated demand causing serious financial scarcity and on account whereof he was not in position to defend his case effectively. It is also said that the entire enquiry has been conducted ex parte without affording adequate opportunity of defence and, therefore, the punishment order is vitiated in law and liable to be set aside. It is further averred that the Deputy Director is not the appointing authority of the petitioner and, therefore, the impugned order of punishment passed by him is vitiated in law.