MOHD. ABBAS Vs. SETTLEMENT OFFICER, CONSOLIDATION

JUDGEMENT

(1.) THIS writ petition has been filed challenging the punishment order dated 29.5.2000.

(2.) THE petitioner was initially appointed on the post of Consolidation Lekhpal. He was suspended by means of order dated 3.1.1991 and a charge -sheet was served upon him. The disciplinary prpceedings v/ere drawn against him and on the basis of enquiry report submitted against him he was dismissed from service by means of order dated 3.7.1991. The petitioner challenged, the dismissal order dated 3.7.1991 by way of Writ Petition No. 4800 of 1991 (S/S) Mohammad Abbas v. Settlement Officer of Consolidation and Anr. The said writ petition was allowed by means of order dated 6.10.1999 with the direction that the enquiry against the petitioner shall be held afresh from the stage of submission of reply to the charge -sheet by the petitioner by giving opportunity of hearing as required under law. It was further directed that the petitioner would be paid subsistence allowance during the said period. The petitioner thereafter .submitted a copy of judgment and order dated 6.10.1999 before the authority concerned, but the authority did nothing in the matter and when the petitioner did not hear anything, he proceeded to file contempt petition and after filing of the contempt petition an enquiry report was submitted in the same manner as it was earlier submitted without fixing date, time and place of the enquiry and without giving any opportunity of hearing to the petitioner and on the basis of the said enquiry report the impugned punishment order has been passed.

(3.) LEARNED Counsel for the petitioner in this regard has placed reliance upon a decision of this Court in the case of Ambika Prasad Srivastava v. State Public Services Tribunal, Lucknow and Anr. 2004 (22) LCD 770.