- (1.) By means of this writ petition, the petitioner is challenging the order dated 1.12.2007 by which he has been dismissed from service.
(2.) The petitioner was posted at the relevant point of time at 33/11 KV Sub Station, Kailashpur, Saharanpur. Thereafter he was promoted to the post of Junior Meter Testor and transferred to the Vidyut Parikshanshala-II, Saharanpur. On 20.8.2007 one Zubair Khan who was running a Atta Chakki was found involved in theft of electricity and an F.I.R. was lodged at the police station Gagalabri District Saharanpur under sections 147, 148, 332, 353 and 307 I.P.C. The police submitted a charge sheet on 29.8.2007. Thereafter second charge sheet was also issued on 25.10.2007 and a case was registered against the petitioner and some other persons. Special Session Trial No. 775 of 2007 was initiated against the petitioner and others. In the meantime a charge sheet was issued to the petitioner on 30.10.2007 and the petitioner was required to submit his reply within 15 days. The charge sheet alongwith the preliminary enquiry report was sent to the petitioner on 31.10.2007 by registered post. Thereafter the order dated 1.12.2007 was passed by which the petitioner was dismissed from service.
(3.) I have heard Shri Ranjeet Saxena, learned counsel for the petitioner, Shri Nipendra Mishra, learned counsel for the respondent nos. 2 and 3 and the learned standing counsel representing respondent no. 1.;