STATE OF U.P. Vs. BRAJENDRA SINGH

JUDGEMENT

(1.) SRI Brijendra Singh respondent No. 1 (the contesting respondent) was a constable in PAC. He was found in state of intoxication on 9.11.1997. He was suspended on 21.11.1997 and; thereafter a charge -sheet dated 14.1.1998 was served upon him. An inquiry was conducted and inquiry report was submitted. The contesting respondent was given a show cause notice. Considering his reply he was dismissed from service on 21.3.1998. He filed an appeal which was dismissed on 23.12.1998. The contesting respondent filed claim -petition No. 767 of 1999. It was allowed on 28.5.2004, hence the present writ petition.

(2.) WE have heard the Standing Counsel for the petitioner and Sri S.N. Yadav for the contesting respondent.

(3.) AFTER the inquiry was conducted, the contesting respondent was given a show cause notice. He filed a reply against the same. Thereafter he filed an appeal and also claim petition. The contesting respondent never took a plea that statement of witnesses was not been given. Photostat copy of signed document of the contesting respondent has been filed before this Court. It shows that all the statements were served upon the contesting respondent. If the statement had not been served upon the contesting respondent then he should have taken this plea either in reply to show cause notice or at least before the Tribunal. This has not been done. It could not be taken at the time of hearing before the Tribunal. The Tribunal has committed illegality in allowing the claim petition.