JAGANNATH SINGH Vs. ASSISTANT EXCISE COMMISSIONER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against an order dismissing the petitioner from Government service. Jagannath. Singh is the petitioner.

(2.) According to the petitioner's affidavit, he was posted as an Excise Peon in district Deoria. On 7-5-1950 he was served with a charge-sheet on the ground of misbehaviour towards his- superior officer--the Supervisor. On 24-5-1950 the Assistant Excise Commissioner dismissed the petitioner without following proper procedure. In May, 1952, the petitioner served upon U. P. Government a notice under Section 80, C, P. C. on the ground that the dismissal was unconstitutional. As a result of the notice, the petitioner was reinstated by the Assistant Excise Commissioner by his order dated 5-5-1954. By the same order the petitioner was again suspended. It was further directed that the petitioner would be tried in accordance with Rules 55 and 55-A of the. Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as Classification Rules). But no such fresh inquiry was held in accordance with Rule 55 of Classification Rules. He was merely asked to show cause why he should not be dismissed. The petitioner protested that there should be fresh proceedings in accordance with Rules 55 and 55-A of Classification Rules. Only three prosecution witnesses were called for cross-examination by the petitioner. Ultimately on 14-9-1954 the Assistant Excise Commissioner passed another order dismissing the petitioner from service.

(3.) An appeal filed by the petitioner was dismissed by the Excise Commissioner on 31-5-1955 Another appeal was dismissed by the State Government on 7-3-1956, Jagannath Singh has, therefore, filed this writ petition for quashing the three orders passed by the Assistant Excise Commissioner, the Excise Commissioner, U. P., and the State of Uttar Pradesh.