- (1.) Heard counsel for the petitioner, learned standing counsel and Shri Rajiv Gupta for the respondents. This petition is directed against orders dated 17.7.2004 and 16.5.2006 by which the services of the petitioner have been dispensed with and the consequential appeal has been rejected.
(2.) The facts in brief for decision are that the petitioner, who was working as a class-IV employee in the Ghaziabad Judgeship, during office allegedly assaulted one Vinod Kumar Tikku who was working as a Library Clerk in the Judgeship on 21.3.2003 after an altercation and broke his office table and glass and scattered the records. This incident was allegedly witnessed by others and when it was brought to the notice of the District Judge, he forthwith caused a first information report to be lodged against the petitioner who was put up for medical examination where it was found that he had consumed alcohol. Thereafter, a preliminary enquiry was held and after receiving the report of the preliminary enquiry, the petitioner was placed under suspension and a departmental enquiry was initiated. After framing of three charges, the petitioner submitted his written statement denying all the charges. The enquiry officer, after recording statement of witnesses and also recording the statement of the petitioner and also after examining the Doctor who had examined the petitioner, found the charges levelled against the petitioner to be proved and holding him guilty of misconduct under the Government Servants Conduct Rules, 1956, submitted his report to the District Judge on 30.4.2004.
(3.) The District Judge after considering the enquiry report and the findings recorded therein and the gravity of charge, issued a show cause notice as to why he be not dismissed from service. The petitioner submitted his reply to the show cause notice on 19.5.2004. After considering his reply the District Judge dismissed the petitioner from service vide order dated 17.7.2004. The petitioner thereafter approached this Court on the administrative side through an appeal which has also, been dismissed by the Administrative Judge vide a reasoned order dated 16.5.2006.;