SHAM SHUDDIN KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has challenged the order of dismissal dated 31-12-87 passed after holding the departmental proceedings as well as the appellate order dated 12-8-88 passed in appeal filed against the order dated 31-12-87.

(2.) The petitioner was chargesheeted on 22-8-81. In the chargesheet two charges were levelled against the petitioner. The chargesheet is contained as Annexure No. 1 to the writ petition. The first charge was to the effect that the petitioner on 6-7-81 attacked Sri V.P. Joshi, Assistant Regional Accounts Officer who was holding inquiry against Sri S.B. Jauhari, Bus-Conductor on the charges of corruption and embezzlement against the said Bus-conductor, in order to get the said inquiry dropped. The second charge was that on 15-7-81 petitioner alongwith two other persons caught Sri Joshi, abused him and extended the threat to kill him saying that Sri Joshi was taking special interest in the matter of the said Conductor S.B. Jauhari.

(3.) In support of the charges the names of the witnesses were shown in the chargesheet and the petitioner was required to submit his reply by 10-9-81 to the Inquiry Officer. Regional Manager, UPSRTC, Moradabad was appointed as the Inquiry Officer in the matter. The petitioner was also offered to inspect, the documents which were annexed in support of the chargesheet. The Inquiry Officer considered the statement of Sri Abdul Wahid, Head Clerk, Nainital, Sri D.N, Pandey, Sri G.P, Chaudhary, Office Assistant-II, Sri Mahendra Steno in support of the charges on 17-7-81 and the petitioner was required to give his explanation by 10-9-81 and to led evidence or to produce any witness in his defence by that date.