LAWS(ALL)-2009-3-128

UMESH KUMAR Vs. STATE OF U P

Decided On March 18, 2009
UMESH KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) 1. Heard Sri Vijay Gautam, learned counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) THE petitioner through this writ petition has assailed the order dated 7.7.2005 passed by the respondent No. 4, order dated 2.12.2005 passed by the respondent No. 3 dismissing the petitioner's appeal against the order dated 7.7.2005 and the order dated 20.4.2006 passed by the respondent No. 2 dismissing the petitioner's revision against the orders dated 7.7.2005 and 2.12.2005.

(3.) IT has been submitted by the learned counsel for the petitioner that the order of dismissal is wholly arbitrary, illegal and punitive in nature. Since the petitioner has not yet been convicted in the criminal case and the charges levelled against him are yet to be proved, there was no reasons to throw the petitioner out of employment. The respondent No. 4 has not recorded his subjective satisfaction disclosing any reason as to why it was not reasonably practicable to hold a regular departmental enquiry.