RAJENDRA KUMAR DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Neeraj Chitravansi for the petitioner and Sri Prashant Chandra Senior Advocate assisted by S/sri Shreesh Kumar and Sanjai Kumar.

(2.) THE petitioner Dr. Rajendra Kumar Dwivedi, while working as Registrar, Board of Indian Medicine, U. P, was subjected to disciplinary proceedings in re spect of several serious charges. A charge-sheet dated 20th June, "1998 was issued to him which was replied by him on 29th August, 1998. In all there were seven charges levelled against him with respect to alleged misconduct and ir regularities committed by him in his tenure as Registrar. THE Enquiry Officer submitted his report on 10. 12. 1998. THEreafter the order of punishment, namely, dismissal from service was passed on 11. 11. 1999 by the Director Ayurved/con-troller, Board of Indian Medicine, U. P. Lucknow.

(3.) THE learned Counsel for the State after going through the enquiry record stated that after submission of the reply to the charge-sheet the Enquiry Officer did not afford any opportunity to the petitioner to participate in the enquiry; neither any witness was examined nor documents on which reliance was placed were also got proved by the Department.