SHYAMA CHARAN Vs. COMMISSIONER ROHELKHAND DIVISION BAREILLY

JUDGEMENT

(1.) THE petitioner is a dismissed employee of the Antarim Zila Parishad, Bareilly, opposite party 3. He has prayed for a writ of certiorari to quash the order of the president, Antarim Zila Parishad, opposite party 2, passed on 4 January 1962 dismissing the petitioner from service and also the order of the Commissioner dated 12 July 1962 upholding the dismissal.

(2.) SRI G. D. Srivastava appearing for the petitioner has raised a number of objections to the disciplinary proceedings taken against the petitioner. The first of these objections was that the charge which was preferred against the petitioner does not contain an actual statement of the evidence which was to be used against the petitioner. In this connexion Sri Srivastava relied upon a recent decision of the Supreme Court in State of Orissa v. Dr. (Miss) Binapani Dei and other [1967 - II L.L.J. 266]. In this case it was held at p. 269:

(3.) AFTER that, occurs the following statement of facts: