ARUN TANDON, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER before this Court was working as the Lekhpal in the revenue department of the State of Uttar Pradesh. Petitioner was transferred vide order dated 6th January, 1993 from area Nagla Padi to area Angoothi, Tehsil Sadar, District Agra. He was directed to handover the charge including the official records in his possession to Sri Prakash Chandra Jain. Despite relieving officer having visited the residence of the petitioner for taking over the government records, the same were not handed over. All attempts for the purpose failed. Petitioner was, therefore, placed under suspension vide order dated 30th January, 1993 and an departmental enquiry was initiated. For non-deposit of the official records, a first information report was also lodged. Petitioner admittedly filed a writ petition before this Court being writ petition no. 8593 of 1993, challenging the order of suspension as well as the order of transfer, wherein no interim order was granted. As per paragraph-24 of the present writ petition, the writ petition remains pending. Petitioner submitted his reply to the charge memo, thereafter, the enquiry officer submitted his report and it was recorded that despite order of transfer having been issued and despite there being a direction to the petitioner to hand over the charge including the official records to Mr. Prakash Chandra Jain, he has neither jointed at the transferred place nor he has handed over the official records.
(3.) ON the basis of the enquiry report so received, the Competent Authority after considering the material on record, found that the petitioner has deliberately not handed over the official records. It was held that there was deliberate disobedience of the lawful orders of the higher authority and negligence in performance of duties by the petitioner. Petitioner was accordingly dismissed from service under order dated 12th April, 1993. It is against this order that the present writ petition has been filed.;