Ashok Bhushan, J. - (1.) Heard Sri Ram Laxman Prasad appellant appearing in person and Sri Sabhajeet Yadav, learned standing counsel appearing for the respondents.
(2.) This appeal has been filed against the judgment dated 14.12.2000 passed by the learned Single Judge in Civil Misc. Writ Petition No. 46153 of 1999 Ram Laxman Prasad v. Director, Bal Vikas Sewa and Pushtahar, U.P. and others . By the judgment dated 14.12.2000 the learned Single Judge has dismissed the writ petition filed by the petitioner challenging the dismissal order dated 21.8.1999 passed by the Director Bal Vikas Sewa and Pushtahar, U.P. Lucknow. The fact giving rise to this appeal briefly stated are;
(3.) The appellant was initially working as constable in Provincial Armed Constabulary. On account of participation of the appellant in the Provincial Armed Constabulary revolt of 1973, his services were dismissed under the provision of proviso to Article 311 (2) of the Constitution of India. Criminal proceedings were also initiated in which the appellant claimed to have acquitted in the year 1979 against which State filed an appeal in the High Court. The appellant was successful in getting appointment on daily wages as driver in 1983 in Bal Vikas Sewa and Pushtahar at Basti. The services of the appellant as driver were regularised on 26.2.1984. Thereafter he continued to work in the Department of Bal Vikas Sewa and Pushtahar in the State. Criminal Appeal filed on behalf of the State in the High Court was allowed by the judgment dated 25.3.1998 convicting the appellant and other persons with rigorous imprisonment for a period of seven years. The petitioner-appellant moved an application on 5.5.1998 praying for casual leave upto 8th May, 1998 on the ground of illness of his wife. The appellant was arrested on 30th May, 1998 in view of his conviction by the High Court and remained in prison from 30.5.1998 to 29.10.1998. The appellant was bailed out under the orders of the Supreme Court dated 16th October, 1998 in Special leave to appeal (criminal) against the judgment of the High Court. Disciplinary proceedings were initiated against the appellant by issuing charge sheet dated 25.2.1999 and supplementary charge sheet dated 3.4.1999. Four charges were levelled against the appellant in the charge sheet dated 25.2.1999 including the charge No. 1 which was to the effect that on account of conviction and sentence of seven years' rigorous imprisonment the appellant was detained in prison from 30th May, 1998 which conduct of the appellant was against the Government Servant Conduct Rules and his integrity is doubtful. Charge no. 2 was to the he effect that by concealing the fact he took leave from 5.5.1998 to 8.5.1998 on the ground of illness of wife. The third charge was to the effect that even though he was sent to jail on 4.5.1998 but with intent to mislead the department applications were sent by the appellant praying for grant of leave and salary. The fourth charge was to the effect that the appellant did not deposit the key of the Government vehicle due to which there was hindrance of discharge of Government functions. Additional charge no.1 was to the effect the certificate dated 4.2.1974 claimed to be issued by the Commandant 26th Provincial Armed Constabulary Battalion, Gorakhpur is fictitious. Second charge was again to the effect that the appellant obtained employment on the basis of certificate dated 4.2.1974 which has been found to be forged. The third charge was to the effect that the appellant was convicted and sentenced to three years rigorous imprisonment by the Additional District Judge, Gorakhpur vide order dated 9.3.1979 and the appellant concealed the relevant fact from the Department at the time of his selection as driver. After receiving the charge sheet the appellant wrote to the Director that the Enquiry Officer who is Zila Karya Kram Adhikari, Basti be changed. The said prayer of the appellant was not accepted by the Director and the appellant was informed of the aforesaid fact and asked to submit his explanation. Petitioner submitted his reply to the charge sheet on 14.6.1999 and thereafter the Enquiry Officer submitted enquiry report on 19.6.1999. The appellant was issued show cause notice by the letter dated 22.6.1999 by which copy of the enquiry report was also sent to the appellant. The appellant submitted reply to the show cause notice vide his letter dated 9.8.1999. The disciplinary authority vide its order dated 21st September, 1999 dismissed the appellant from service. The disciplinary authority held that the charges are proved against the appellant and the appellant obtained service in the department by concealing the relevant fact and by preparing forged certificate hence he cannot be allowed to continue in service. Against the order dated 21.9.1999 the appellant filed Civil Misc. Writ Petition No. 46153 of 1999 which has been dismissed by the learned Single Judge vide his order dated 14.12.2000. Learned Single Judge held that the charges against the appellant were proved in the disciplinary enquiry, learned Single Judge held that the charges having been proved against the petitioner in the enquiry, the order of dismissal against the appellant has rightly been passed. Against the aforesaid judgment the present appeal has been filed.;