- (1.) HEARD Sri R.K. Srivastava, learned counsel for the petitioner and Sri Som Kartik holding brief of Sri L.P. Shukla, learned counsel for opposite parties.
(2.) BY means of present writ petition, petitioner has challenged the impugned order dated 11.6.2001 (Annexure no.1) passed by opposite party no.2 and the appellate order dated 23.1.2006 ( Anexure no.2) passed by opposite party no.1. The facts, in brief , of the present case are that petitioner , who is working on the post of Assistant Lodging Officer , placed under suspension vide order dated 2.3.2001. On 3.3.2001 a chargesheet was issued to the petitioner. On 18.4.2001, enquiry officer submitted a enquiry report, on the basis of which impugned order dated 11.6.2009 ( Annexure no.1 ) has been passed by the Managing Director , U.P. Forest Corporation/ opposite party no.2 . Petitioner preferred an appeal which dismissed by order dated 23.1.2006 passed by appellate authority, hence the present writ petition has been filed.
(3.) LEARNED counsel for the petitioner further submits that the no fact finding enquiry has been done in the present case and the enquiry officer submitted the enquiry report on the basis of which dismissal order has been passed by the punishing authority , confirmed in appeal , are arbitrary in nature and in contravention to principle of natural justice , liable to be set aside. Sri Som Kartit holding brief of Sri L.P. Shukla, learned counsel for the respondents submits that in the present case a chargesheet has been issued to the petitioner to which he has not submitted any reply thereafter the enquiry officer submitted his report dated 18.4.2001 and on the basis of which a show cause notice served on him but he did not submitted his reply thus the impugned order of dismissal dated 11.6.2001 has been passed by the punishing authority, confirmed by appellate authority but he does not dispute the facts that in the instant case no fact finding enquiry / domestic enquiry has been conducted by the enquiry officer after issuing the charges sheet.;