RAKESH TIWARI,J. - (1.) HEARD Counsel for the parties.
(2.) THE claim of the petitioner is that he was appointed as Watchman on probation for period of one year in Food Corporation of India and was posted at Lalitpur. After completing the period of probation he was confirmed on the post of Watchman on 15 -12 -1979. The petitioner was suspended on 28 -10 -1983 due to his alleged involvement in criminal case under Sections 307, 380, 409, 120 IPC and under Section 3/7 of the Essential Commodities Act. He was acquitted of the charges in the said criminal case by order dated 21 -10 -1983 passed by the Special Judge (E.C.) Act, Hamirpur. After acquittal his order of suspension was revoked by the Senior Regional Manager vide order dated 31 -1 -1987. It is averred in the petition that Senior Regional Manager F.C.I. Lucknow, respondent No. 2 issued charge sheet to the petitioner on 17 -9 -1988 inter alia that when he was posted as Watchman during the year 1983 he failed to maintain his absolute sincerity, honestly, integrity and devotion to duty.
(3.) THE petitioner submitted a reply to the charge sheet stating that he has already been acquitted from the charge and his name has not been mentioned in the First Information Report and also filed documents in his defence. The Enquiry Officer found the charges proved by assessment of documentary and oral evidence. Consequently a show cause notice was issued to the petitioner on 22/23 -1 -90 along with copy of the enquiry report directing him to submit his reply. The petitioner submitted his detailed reply on 14 -2 -90.;