Sudhir Agarwal, J. - (1.) THIS writ petition is directed against the judgment dated 18.5.1998 of U.P. Public Services Tribunal (hereinafter referred to as the Tribunal) in Claim Petition No. 477/1/90 whereby it has dismissed the claim petition of petitioner with cost of Rs. 500. The aforesaid claim petition was filed challenging the order of punishment i.e. dismissal dated 22.5.1979 whereby the petitioner was dismissed from the post of Collection Amin as a result of departmental inquiry in which certain charges were found proved against him.
(2.) THE facts in brief giving rise to the present dispute are as under: The petitioner was appointed as Collection Amin in 1952. He was placed under suspension on 26.7.1978 and a charge sheet was issued on 26.12.1978. The petitioner submitted reply dated 5.3.1979 denying all the charges. Thereafter oral inquiry was held. Inquiry Officer submitted report on 6.5.1979 whereafter order of punishment was passed on 22.5.1979 by District Magistrate, Shahjahanpur, dismissing the petitioner from service and confining his salary to the extent of subsistence allowance paid during the period of suspension.
(3.) LEARNED counsel for the petitioner submitted that a criminal investigation was initiated against him pursuant to an FIR lodged on 3.12.1978 under Section 409 IPC and during pendency of criminal Investigation/Trial, for the same charge, no departmental inquiry could have been conducted, hence the entire proceedings is vitiated in law. He further submitted that relevant documents were not supplied to him and copy of inquiry report was also not supplied before passing order of punishment. Hence, disciplinary proceedings had been conducted in utter violation of principles of natural justice. Lastly it was contended that in criminal proceedings he was already acquitted and, therefore, in the departmental inquiry based on same transaction, no punishment could have been imposed. The learned Tribunal has erred in law in dismissing the claim petition and sustaining the order of dismissal.;