R.B.Misra, J. - (1.) In this writ petition the petitioner has prayed to quash the order dated 9.4.1999 (Annexure-9 to the writ petition) whereby the service of the petitioner has been dismissed.
(2.) Heard Sri M.D. Singh, learned counsel for the petitioner as well as learned standing counsel for the respondents.
(3.) The facts necessary for adjudication of the writ petition are that the petitioner was appointed on 21.12.1982 to the post of Class III as Ahalmad under the control of District Magistrate, Meerut at the relevant time now under the control of District Magistrate, NOIDA district Gautam Budh Nagar. While working in Land Acquisition Unit 'NOIDA' Ghaziabad, the petitioner was suspended by an order dated 19.3.1997 (Annexure-1 to the writ petition). A charge-sheet dated 14.3.1997 was served to the petitioner along with suspension order. The petitioner made a representation dated 1.4.1997 for supply of the documents/inspection by giving a list of 17 documents so that the petitioner may give effective reply of the charge-sheet. Similar requests were made by the petitioner on 4.4.1997 and 10.4.1997, however, neither the documents were furnished to him nor the petitioner was permitted to Inspect the documents as desired by him, therefore, the petitioner filed Writ Petition No. 4960 of 1997 in respect of non-supply of the documents and non-payment of subsistence allowance. The above writ petition was disposed of by order dated 30.11.1998 (Annexure-3 to the writ petition) with following directions : "(i) Inquiry Officer/Disciplinary Authority directed to furnish the relevant document to the petitioner within 15 days. In case the document could not be supplied, the petitioner should be permitted to inspect the document and take note of the said document ; (ii) Inquiry Officer had been directed to conclude the inquiry within a period of 10 weeks and disciplinary authority had been directed to pass final order within a period of 6 weeks ; (iii) In case the departmental proceeding is not concluded within the stipulated period, suspension order shall stand revoked and (iv) The disciplinary authority was directed to pay subsistence allowance within a period of one month from the date of production of copy of the order with condition if the petitioner is not paid subsistence allowance within the period, suspension order shall stand revoked. ";