JUDGEMENT
RAJESH BALIA,J. -
(1.)IN the aforesaid petition, the validity of the impugned Orders Ex. 5, Ex. 8 and Ex. 9 dated 21st October, 1980, 6th June, 1981 and 22nd October, 1982 arc in issue.
(2.)BY the impugned Order Ex. P/5 dated 21st October, 1980 the petitioner was removed from service by the order of the Collector, Chittorgarh. The order was affirmed on appeal by the Board of Revenue vide Ex. P/8 dated 6th June, 1981 and thereafter by the Governor vide order Ex. P/9 dated 22nd October, 1982.
The scope of the enquiry is whether the impugned order of dismissal is null and void on the ground of breach of principles of natural justice, committed by the respondents by non -supply to the petitioner, the copy of the statements of the witnesses examined at the stage of preliminary enquiry.
(3.)FOLLOWING facts are well established on record that:
The petitioner was served with a chargesheet levelling charge of illegal gratification on the basis of preliminary enquiry report submitted to the Disciplinary Authority. This is clear from the order Ex. P/5. The petitioner has made specific averment in the petition in Para 6 that before 11th September, 1978, the petitioner had made requests for supplying him copies of the statements of allegations recorded during the course of preliminary enquiry but the same was refused on the ground of non -availability in the Court of Sub Divisional Officer, Pratabgarh. It was again averred in Para 8 that the petitioner on receiving a notice under Article 311(2), submitted an application for supplying the copies of the statement of witnesses. Not only this, the petitioner before that date on which the enquiry was conducted, requested the respondent No. 2, Collector, Chittorgarh for supplying him the copies of the statements of witnesses but the petitioner was told that the statement of the witnesses recorded during the course of preliminary enquiry are not on record and, therefore, without cross -examining witnesses effectively, the statement of prosecution witnesses were recorded.
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