GIRJA SHANKAR PANT Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, Girija Shanker Pant petitioner has prayed for quashing of the order of dismissal dated 26.11.1993 whereby, he was dismissed from service by the respondent No. 2 Managing Director of the respondent No. 4 Kumayun Mandal Vikas Nigam Limited.

(2.) The petitioner was appointed as a Stenographer in the year 1972 in Kumayun Mandal Vikas Nigam Limited, (hereinafter to be referred as the Nigam). He was promoted with effect from 1.4.1987 in the pay scale of Rs. 1,350-2,100 and since 1993, he was designated as the General Manager Tourist. According to the petitioner, the respondent No. 2 got annoyed with the petitioner. Several incidents in this regard have been mentioned in the writ petition. A show-cause notice was served on 1.10.1993 requiring his explanation by 19.10.1939 with a direction to appear on 20.10.1993.

(3.) Powers of the petitioner as General Manager of the Nigam were withdrawn earlier by means of an order dated 28.9.1993. The respondent No. 3 was appointed inquiry officer by means of an order dated 12.10.1993 passed by the respondent No. 2. No documents were supplied to the petitioner even after the appointment of the inquiry officer. The petitioner applied for looking into the records by means of the letters dated 15.10.1993 and 22.10.1993. No papers were given by the Inquiry officer though the respondent No. 2 vide his letter dated 25.10.1993, permitted the petitioner to inspect the record. The files, however, have already been sent to the Inquiry officer and the same were not available in the office and the petitioner could not inspect the papers. The respondent No. 2 directed him to meet the clerk of Tourism section but no papers were made available to him by the said clerk. The petitioner had no option but to submit his explanation without looking into the record on 30.10.1993.