- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the Writ Petition filed by the appellant. Challenge in the writ petition was to the order passed by the Presiding Officer, Labour Court, Gorakhpur.
(3.) Background facts as projected by the appellant are as follows: Respondent was posted as Booking Clerk at Gorakhpur Station. He was found involved in serious acts of misconduct, not taking interest in the job, carelessness in performance and usually coming late to office and remaining absent and not complying with orders. In this regard several letters were written by the senior Foreman directing the respondent to improve his conduct and warning him that unless he improved himself, necessary orders shall be passed. He was asked to make certain clarifications by letter dated 24.4.1980 to which he did not submit a reply. He was suspended from service on 26.7.1980 and was asked to place his defence. Since his reply was found not satisfactory, a decision was taken to conduct an enquiry on 30.8.1980. A charge sheet was issued to him and he was asked to furnish reply in respect of the following charges: 1. for not maintaining vehicle wise register as per rules and not making up to date entries in the same. 2. For not taking interest in work, carelessness in performance and not producing the requisite clarifications when asked to do so by superiors.\ 3. For marking his presence on the attendance register on a day when he remained absent and;