NARAYAN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONER was Assistant Krishi Nirikshak. He was working as such at Seed Store, Jarauna Mirzapur in the year 1982. An F.I.R. in respect of embez zlement was lodged against him on 16.6.1982 and simultaneously, petitioner was also suspended. Thereafter, departmental proceedings were initiated against the petitioner and his services were terminated on 27.4.1984. Copy of the said order is Annexure-4 to the writ petition, which was passed by Director, Agriculture U.P. In the said order, it is mentioned that petitioner was suspended on 28.9.1982 while in Para-3 of the writ petition, date of suspension is given as 6.6.1982. Deputy Director, Varanasi was appointed as enquiry offi cer, who gave charge-sheet to the petitioner on 27.6.1983, which was served on him on 30.6.1983. Time to file reply to the charge-sheet was extended four times. PETITIONER through letter dated 10.10.1983 asked for extension of time to file reply till 15.12.1983. Even till 15.12.1983, no reply was filed. Time to file reply till 24.1.1984 was once again given. However, no reply was filed.

(3.) PETITIONER's case is that until 6.3.1991, he was not aware of this termi nation order. This allegation is not believable at all as obviously after termi nation order, suspension allowance must have been stopped.