D.S.Sinha, Lakshml Bihari, JJ. - (1.) Heard Sri Vinod Sinha, the learned counsel appearing for the petitioners, Sri B.N. Asthana, the learned senior advocate, appearing for respondent No. 2, and Sri Sandeep Mookerji, the learned standing counsel of the State of U.P. appearing for the respondent No. 1.
(2.) In this petition under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 30.9.1992 passed by respondent No. 1, a copy whereof is Annexure-4 to the writ petition.
(3.) The facts, emerging from the pleadings of the parties and the impugned judgment, are that respondent No. 2 was a confirmed meter reader in Water Works Department of Nagar Palika. Amroha. On 13.5.1974, the Executive Officer submitted a report that the work of respondent No. 2 was not satisfactory. On the said report, the respondent No. 2 was suspended on 14.5.1974 and the Water Works Engineer was appointed as the Inquiry Officer. On the same day, charge-sheet was served on the respondent No. 2. After completing the inquiry, the Inquiry Officer submitted his report dated 24.6.1974, a copy of which is Annexure-3 to the writ petition. On 16.7.1974, a show cause notice was issued to respondent No. 2 along with the copy of the inquiry report. On 30.7.1974', the respondent No. 2 appeared and sought time to file his reply. On 8.8.1974. he submitted his reply. On 27.8.1974, the Administrator passed an order removing respondent No. 2 from the service of the Nagar Palika. a copy of which is Annexure-2 to the writ petition. The respondent No. 2 filed an appeal against the aforesaid order which was dismissed by order dated 11.5.1977. Thereafter. respondent No. 2 filed a claim petition before the U.P. Public Services Tribunal which was dismissed by it by order dated the 28.12.1985. The respondent No. 2, thereafter, filed a review application before the Tribunal. The Tribunal by its impugned Judgment dated 30.9.1992 has allowed the review application, set aside its judgment dated 28.12.1985 and quashed the order of removal dated 27.8.1974 and the order of dismissal of the appeal dated 11.5.1977. Aggrieved, the Municipal Board has filed the instant petition.;