- (1.) HEARD learned counsel for the petitioner, Sri Rakesh Kumar Nigam as well as learned counsel for the respondents, Sri Sunil Kumar Singh. The petitioner challenges the order of dismissal from service dated 24th of March, 2003 passed by the Chairman, Administrative Committee.
(2.) THE petitioner while working on the post of General Manager of Centralized Service in Dugdh Utpadak Sahkari Sangh, Meerut was suspended on 2nd April, 2002 on the alleged charge that on account of lapses on his part, the PCDF suffered losses. A charge -sheet containing nine charges was submitted on 17th April, 2002. The petitioner demanded certain documents on 30th of April, 2002 but out of 8 documents only 4 documents were provided. The petitioner submitted his reply to the charge -sheet on 21st of June, 2002 and on 23rd of July, 2002, he asked for cross -examination of 11 persons but the Enquiry Officer vide his letter dated 27th of July, 2002 permitted only 5 persons to be cross -examined.
(3.) THE facts on record reveal that the Enquiry Officer adopted a novel method which was not legally permissible to hold the enquiry. He did not fix any date, time and place for the department to prove the charges or to adduce oral or documentary evidence but straightway called the petitioner on 7/8th of August, 2002 to give defence evidence vide letter dated 23rd July, 2002. The Enquiry Officer required the petitioner to give typed questions with blank space for answer by the witnesses concerned and these witnesses inserted their reply in between the questions at the blank space provided therein. Beyond it, the petitioner was not allowed to cross -examined the witnesses.;