VIRENDRA BAHADUR SINGH Vs. DISTRICT JUDGE FAIZABAD

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 7.9.91 passed by District Judge, Fatzabad dismissing the petitioner from the post of peon of Civil Court, Faizabad.

(2.) Relevant facts of the case as unfolded from the material on record, in brief, are that the petitioner was appointed on the post of peon in the Judgeship of Faizabad on 13.11.1987. It was on 1.6.89 Km. Sudha Singh, Vlth Addl. Munsif Magistrate. Faizabad made a complaint to the District Judge that the petitioner firstly approached her not to grant bail to the accused persons but when he failed in his attempt, he has interpolated release order issued, in Case Crime No. 33 of 1989. He added figure "1" in crime number and Interpolated Crime No. 93 of 1989 as Crime No. 193 of 1989, so that the accused who have allegedly assaulted father-in-law of his real brother Sri Ram Bahadur, may not be released on bail. On account of aforesaid interpolation, personal bonds furnished by the accused were returned on 1.6.89 with the report that the wrong crime number "193" was mentioned in the bonds. The complaint was based on information given by Sri Vldyadhar Tripathi, Advocate to Km. Sudha Singh, On receipt of the complaint. District Judge appointed one Sri I. J. Verma, VIIIth Addl. Munsif Magistrate as Enquiry Officer to make enquiry in the case and submit the report. The said Enquiry Officer issued notice to the petitioner to appear before him on 22.6.1989 at 4.0 O'clock. Petitioner appeared before the Enquiry Officer. The Enquiry Officer after making preliminary enquiry submitted his report dated 17.7.1989 along with the evidence which has come on record during the course of enquiry. On the basis of said report Sri R. M. Bajpai, Addl. District Judge was appointed as Enquiry Officer. Thereafter, a charge-sheet was prepared by the aforesaid Enquiry Officer and forwarded to the District Judge on 28.9.89. The District Judge communicated/served the charge-sheet upon the petitioner on 26.6.1990. in the meanwhile, Sri Bajpai was transferred and Sri R. S. Pandey, Addl. District Judge was appointed as Enquiry Officer. On receipt of the charge-sheet, petitioner filed an application to supply him copies of certain documents. Petitioner, thereafter, submitted his explanation denying the charges levelled against him. It was asserted that from the evidence on record, no case for any disciplinary action against the petitioner was made out. The complaint was stated to be the result of collusion of Vidyadhar Tripathi. Advocate and Km. Sudha Singh. Petitioner also made a request for summoning Km. Sudha Singh for examination and cross-examination on oath.

(3.) The Enquiry Officer conducted and concluded the enquiry, thereafter submitted his report on 16.8.1990, with the recommendation for dismissal of the petitioner from service. Enquiry Officer also reported that the petitioner was permitted to inspect the record on 7.7.90. It is stated that the petitioner was not permitted to inspect the entire record. In his reply, the petitioner also stated that actually Ram Kumar and Wahid Khan, peons were given the release warrant from the office of Nazarat. who handed over the same to jail authorities. Said persons, according to him, were material, witnesses but were not examined in the case.