RAKESH SHARMA, J. - (1.) HEARD learned counsel for the petitioner and learned Standing counsel appearing for the respondents.
(2.) UNDER challenge is an order of removal passed on 30.4.93 by which the services of petitioner Lal Bahadur Singh a Supervisor Kanoongo in Tehsil, Akbarpur, District Faizabad were terminated. It emerges from record that on account of some irregularities committed by the petitioner, he was suspended vide an order dated 30.11.1992. A charge sheet containing four charges was issued on 2nd December, 1992 and Sub-Divisional Officer Tanda, Faizabad was appointed as Inquiry Officer. It was indicated in the first charge that the petitioner did not carry out revision of the voter lists. The process had delayed because of his slow working. The second charge is in respect of late submission of Zamabandi reports. In the third charge, it was indicated that the petitioner was not regular in attending the Tehsil. The last charge was regarding petitioner's non-availability on a particular date i.e. 14.10.92 in village Rasoolabad, Hauza Patti. It appears that an inquiry report was submitted by the Sub-Divisional Officer and the District Magistrate, Faizabad, the appointing authority had ordered for removal of the petitioner from services.
(3.) THE order of removal has been assailed on various grounds. According to him, no proper inquiry was conducted by the Inquiry Officer. The inquiry report was not made available to petitioner. He was also not issued a show cause notice along with the Inquiry Officer's report since it was a case of removal from services. It was a case of awarding major penalty in such circumstances the petitioner ought to have been afforded an opportunity to show cause against the inquiry report submitted by the Sub-Divisional Officer, Faizabad. It was also alleged that the Inquiry Officer had not kept the petitioner associated with the inquiry. No date, place and time of the inquiry was fixed, nor the documents cited in the charge sheet were made available to the petitioner.;