SUBHASH CHANDRA 2927(S/S)2009 Vs. STATE OF U.P. THROUGH THE SECRETARY DEPARTMENT OF HOME LKO. AND OTHERS

JUDGEMENT

(1.) Heard Sri A.P. Singh, learned counsel for appellant and learned Standing Counsel for respondents.

(2.) This intra Court appeal filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment and order dated 10.12012 passed by learned Single Judge, dismissing appellant's Writ Petition no. 2927 (SS) of 2009.

(3.) Petitioner had challenged dismissal order dated 12.05.2005 on various grounds including that no enquiry was conducted against petitioner and even charge sheet was not served. It has been non suited by learned Single Judge by observing that original record was perused and therefrom it was noted that notice sent to petitioner on 29.02004 by process server, who submitted report that petitioner has refused to accept the same. Similarly, a charge sheet dated 20.05.2004 was issued and sought to be served by special messenger, Sri Ram Lot, Z.O. Staff, Gonda who also reported that on 21.05.2004 when he went to petitioner's residence he was present but refused to receive the same. Thereafter Enquiry Officer submitted report and dismissal order was passed. Learned Single Judge has held that in view thereof, petitioner himself is responsible for not accepting the documents and cannot complain of non service of documents and hence it cannot be said that no opportunity was given.