SATYA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Satya Prakash Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution, the petitioner has questioned the decision making process in the matter of disciplinary proceeding which has culminated in the imposition of penalty of maximum punishment of dismissal from service.

(3.) Briefly stated facts of the case are that the petitioner, who was working as Clerk with the Police Department, is alleged to have been assigned the duty relating to the files in respect of compassionate appointments under the office order dated 26.03.1997. It is alleged that one Jagan Singh had obtained compassionate appointment fraudulently and in the process of preparing forged documents, the petitioner had a crucial role being the Clerk dealing with the cases of compassionate appointments at that time. It is alleged that the appointment took place only because of the involvement of the people working in the office of the Police Department. The petitioner was issued with the charge sheet, to which the petitioner submitted reply and then the departmental inquiry was held in the matter. The petitioner while denied the charges, also duly participated in the inquiry and in the inquiry report, the charges against the petitioner were found to be proved.