MUSHTAQ AHMAD Vs. STATE

JUDGEMENT

(1.) Petitioner, who was substantively holding the post of Jr. Assistant, was placed under suspension by Respondent No.4 on 27.09.1982. The same authority issued charge sheet on 15th of October, 1982. Petitioner filed writ petition, SWP No. 589/1982 wherein petitioner sought that a writ of mandamus be issued commanding the respondents to consider the petitioner's case and to inquire into the allegations, if it deemed fit or otherwise to exonerate the petitioner. This writ petition was disposed of on 02.02.1983 as withdrawn on the assurance of learned counsel for the respondents that the departmental inquiry against the petitioner is being expedited. One more writ petition SWP No.26/1984 was filed which was subsequently withdrawn on 03.07.1986. Thereafter SWP No. 1159/38 was filed which was decided by the Court on 16.04.1998, giving liberty to the respondents to complete the inquiry within three months from the date copy of the order is served on them. It was also provided in the said judgment that the petitioner's grievance in respect of charge sheet is left open and petitioner was given liberty to agitate it again in case he would feel aggrieved of the findings of respondent Nol with regard to the inquiry. Government Order No.938-Edu of 1999 dated 09.07.1999 was issued which referred to judgment dated 16.04.1998 passed in SWP No.26/84. On the recommendations of inquiry officer Government ordered for inflicting punishment on the petitioner which is reproduced as under:

(2.) Consequent upon the issuance of said Government Order Director

(3.) It is these two orders, which are called in question in this writ petition, inter alia on the grounds that the inquiry was initiated by incompetent authority; the petitioner was not provided opportunity of defending his case and explaining his position; proceedings have been conducted in violation of the principles of natural justice and no show cause notice was issued to the petitioner before passing the impugned orders.