SUSHIL KUMAR SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Navita Sharma, learned counsel for the petitioner, learned State counsel appearing on behalf of the opposite party no.1 and Sri Shri Prakash Singh, learned counsel who has put in appearance on behalf of the opposite party nos.2 & 3.

(2.) The present writ petition has been filed against the dismissal order dated 16.08.1993 alongwith grant of consequential benefits. As per the contents of the writ petition, the petitioner was appointed on 04.08.1976 on the post of driver with the opposite parties and was working in District Ghaziabad and Lucknow. It has been stated that on 30.04.1992, the petitioner reported to the District Manager, Lucknow that the Vehicle No. UML-9791 in his charge was not in a working order due to which it was inoperable.

(3.) Subsequently vide order dated 16.05.1992, the petitioner was suspended from services and a charge-sheet of the same date was also issued to him indicating two charges with the first being that after joining on 30.04.1992, the petitioner was unauthorizedly absent from duty after leaving the vehicle standing on the road with the second charge being of in-subordination that the petitioner had refused to take orders from the District Manager dated 05.05.1992. The petitioner submitted his reply to the charge-sheet denying the charges but was found guilty in the enquiry report. After submission of the enquiry report, the petitioner was issued a show-cause notice dated 20.03.1993 which was replied to by the petitioner on 31.03.1993 but was thereafter dismissed from service vide order dated 16.08.1993.