MANOKANIKA UPADHYAYA Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) HEARD Sri D. C. Mukherjee, learned counsel for the petitioner and learned Standing Counsel.

(2.) WITH the consent of learned counsel for the parties, I proceed to hear the matter fi nally.

(3.) COUNSEL for the petitioner submits that the enquiry officer in a very hasty manner concluded the enquiry without giving reason able opportunity of hearing as well as with out allowing to examine the witnesses. The alleged charge does not relate in any manner to discharge of official functions as it has nothing to do with the duties assigned to him as an employee of District Court. He further submitted that due procedure was not adopted in conducting the enquiry as is established from the fact that the complainant Dev Sharma was never examined by the enquiry officer nor the petitioner was given opportu nity to cross-examine him. Further, there was no charge against the petitioner that he has violated the Rule 3 of the U. P. Government Servants Conduct Rules, 1956 (hereinafter referred to as the Rules), but the enquiry of ficer while submitting the enquiry report held that the petitioner has violated Rule 3 of the said Rules.