S.S.Chauhan, J. - (1.) This writ petition has been filled, challenging the order dated 12.5.2003, by means of which petitioner has been dismissed from service from the post of Manager.
(2.) The facts giving rise to the present writ petition are that the petitioner was. initially appointed as Secretary in Central Engineering Cooperative Society Ltd. Sultan pur on 16.4.1981 which was a Central Cooperative Society. Subsequently after creation of U.P. Cooperative Processing and Cold Storage Federation Ltd. and Framing of U.P. Co-operative Processing Units and Cold Storage Centralised Service Rules in 1981, the petitioner applied for his absorption on the post of Manager and thereafter he was absorbed on the post of Manager by means of order dated 14.8.1984. Thereafter in the meeting held on 26.6.1990 the Administrative Committee ordered to revert the petitioner to his parent post of secretary and was reverted. The petitioner challenged the said order before this Court in W.P. No. 10828 (S/S) of 1990 which was stayed and thereafter the respondent No, 2 withdrew the said order.
(3.) Submission of learned counsel for the petitioner is that at the relevant time, the petitioner was posted as Manager/In charge Site Engineer for various construction sites of the Construction Unit Sultanpur and by means of order dated 27.3.2001 he was placed under suspension in contemplation of a disciplinary inquiry. Charge-sheet was served upon the petitioner on 23.7.2001. The petitioner denied the charges levelled against him by letter dated 8.8.2001 and thereafter he was not intimated about any date, place or time of inquiry by the Inquiry Officer Sri A.K. Srivastava before submitting inquiry report. Thereafter the petitioner was required to appear before the Administrative Committee on 28.11.2002 and he appeared on the above date before the Administrative Committee and informed that the inquiry officer had not conducted any inquiry and, therefore, his report is baseless and imaginary. By order dated 16.12.2002 the petitioner was informed that the Administrative Committee had constituted an inquiry committee of three officers including Sri A.K. Srivastava (who has already conducted the inquiry). The inquiry committee fixed 26.12.2002 as the date for holding the inquiry at Sultanpur and they visited various Sites in the presence of the petitioner to verify the work which was got executed under the supervision of the petitioner. Thereafter the committee members personally interrogated various persons to whom the payments had been made. The inquiry was also done on 16th, 17th, and 18th January 2003. The petitioner was also required to submit a statement on oath to the effect that the work, as claimed by him, has been done and he filed the same. The committee also required the petitioner to submit certain papers including the vouchers of the diesel/fuel expenses. The petitioner submitted those papers before the committee. Thereafter the petitioner was given a telephonic message on 27.3.2003 to be present at the Headquarters at Lucknow on 28.3.2003. The petitioner shows his inability to be present on 28.1.2003 on account of his illness and therefore, he could not attend the Head Office on 28.1.2003. Thereafter the petitioner was served with a show cause notice dated 31.3.2003 along with the inquiry report submitted by Sri A.K. Srivastava requiring him to show cause as to why he should not be dismissed from service besides ordering for recovery of a sum of Rs.4,72,595/- from him. He was asked to submit his reply by 15.4.2003 and to be present before the Member/Secretary on 10.4.2003. The petitioner appeared before the Member/Secretary on the above dated and by means of letter dated 10.4.2003 he requested for supply of the copies of certain documents to enable him to file reply to the show cause notice. On the same day the petitioner was informed that for some unavoidable reasons the inquiry has been postponed for 17.4.2003. The petitioner again appeared before the Member/Secretary on 17.4.2003 and requested for supply of copies demanded through letter dated 10.4.2003. He also requested for supply of a copy of the inquiry report submitted by three members committee but the said inquiry report was never supplied to him. On 17.4.2003, the General Manager (Tech.) took the statement of the petitioner on various questions. The petitioner also requested to allow him to cross examine the witnesses mentioned in his reply dated 8.8.2001 and also reiterated his demand for supply of copies of various papers mentioned in letters dated 10th and 17th April, 2003 but the petitioner was never given opportunity to examine/cross examine the witnesses nor copies of the documents mentioned in the letters dated 10th and 17th of April, 2003 were supplied to him at any stage. Thereafter dismissal order dated 30.4.2003 was passed but copy of the same has not been supplied to the petitioner. Subsequently the petitioner heard that some letter had been sent to his home address (village Ranipur Kayasth, Kadipur, Sultanpur) although the petitioner was attached with the Headquarters at Lucknow and he was attending office on every working day. The petitioner wrote a letter dated 8.5.2003 stating that he had heard that some letter had been sent to his village address but no such letter was ever delivered to him and as such a copy of the same be supplied to him. In reply to the letter dated 8.5.2003, the petitioner was served with a copy of the impugned order of dismissal dated 12.5.2003 on 19.5.2003.;