HARISH CHANDRA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ORIGINAL petitioner has died and has been substituted by his widow. This writ petition is directed against order dated 5.12.1997 dismissing the original petitioner from service. Petitioner was appointed as Lower division clerk/Assis tant in U.P. Secretariat in the year 1975. Petitioner was not working in any Government department since 1986. In para-9 of the writ petition itself it is mentioned that: "the respondents abruptly stopped allocation of work and payment of salary to the petitioner and several years thereafter order dated 28.3.1992 suspending the petitioner with effect from 9.11.1989 was passed."

(3.) ULTIMATELY Inquiry Officer suggested that the petitioner should be granted invalid pension and removed from service. Inquiry Officer further suggested that even though on the findings recorded by him termination of service was warranted but it would be a cruel action. ULTIMATELY special secretary concerned removed the petitioner from service through order dated 5.12.1997, Annexure-7 to the writ petition which has been challenged through this writ petition. In the said order it is mentioned that accepting the suggestion of the Inquiry Officer for granting invalid pension to the petitioner the case of the petitioner was referred to Chief Medical Officer in accordance with paragraph 442 and 457 of C.S.R. Petitioner was directed to appear before Chief Medical Officer, Lucknow on different dates. However, he failed to appear before C.M.O. hence it was not possible to grant invalid pension to him.