PARAS NATH PANDEY Vs. ASSISTANT DIRECTOR ADMINISTRATION DIRECTORATE OF TRAINING AND EMPLOYMENT U P LUCKNOW

JUDGEMENT

(1.) R. H. Zaidi, J. Petitioner, who was employed as Instructor in Discipline of Welding in Govt. Industrial Training In stitute, Naini, filed the present petition under Article 226 of the Constitution of India, challenging the validity of the order dated 19-12-1994, whereby he was removed from the service by the Asstt. Director (Ad ministrator) and the order dated 13-12-95 passed by the Director, Industrial Training and Employment U. P. Rozgar Bhawan, Lucknow, dismissing his appeal filed against the order of removal noted above.

(2.) THIS case was heard on 2-4-96 ; but disagreeing with the submissions made by the learned Counsel, it was dismissed and reasons for the order were directed to fol low. In the meanwhile, learned Counsel for the petitioner made an application for recalling the order dated 2-4-96 and to af ford him an opportunity to address the Court. After hearing the Counsel for the parties, the said application was allowed. Case was again heard and thereafter judg ment was reserved on 6-3-97.

(3.) ON the other hand, learned Standing Counsel submitted that the findings recorded by the punishing authority on the charges levelled against the petitioner are findings of fact, which are based on the relevant evidence, which formed part of the record and the same cannot be interfered with under Article 226 of the Constitution of India. It was also urged by him that the petitioner himself having admitted the factum of marriage with Smt. Urmila Devi, was estopped from contending that he was not guilty of misconduct, inasmuch as under Rule 29 of the said Rules second marriage during the life time of first wife was a mis conduct. It was further urged that the petitioner himself admitted that Km. Rita was not his daughter and that he took loan for her marriage was guilty of violation of Rules 3 (2) and 18 of the said Rules.