PREM PRAKASH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) P. C. Verma, J. This petition has been filed by the petitioner against the order of dismissal dated 1-11-1991. The ground of challenge by the petitioner in this petition is that the impugned order has been passed by the opposite party on the basis of enquiry report submitted by the Enquiry Officer which was held ex-pane an despite several requests by the petitioner seeking some more time to sub mit reply. The Enquiry Officer found the charges proved because no reply was sub mitted.

(2.) LEARNED Counsel for the petitioner submitted that it was incumbent upon the Enquiry Officer to have dealt with each charge and to have examined as to whether the charges were proved on the basis of material on record and an ex-parte finding must not have been recorded.