- (1.) THIS special appeal has been filed against the impugned judgment of the learned single Judge dated 9 -7 -2004.
(2.) WE have heard the learned Counsel for the parties and have carefully perused the impugned judgment and find no infirmity in the same. The facts are set out in great detail in the judgment of the learned Single Judge and hence we are not repeating the same. However, we may mention that a charge -sheet dated 21 -3 -1993 in respect of caste certificate was issued to the petitioner but the enquiry in this regard was subsequently dropped. Thereafter, a fresh charge -sheet dated 2 -2 -1999 was issued to the writ petitioner to which the writ petitioner did not give any reply. Thereafter, no enquiry was held against the writ petitioner and instead the enquiry report dated 29 -7 -1999 was submitted by the enquiry officer, copy of which is Annexure -28 to the writ petition. A perusal of the enquiry report shows that all that is stated therein that since several opportunities were given to the writ petitioner for replying to the charge -sheet but he did not do so, hence it would be deemed that he has accepted the charges against him. Thereafter, a show -cause notice was issued to the petitioner on 10 -8 -1999 to which he gave a reply and thereafter, the impugned dismissal order dated 14 -2 -2000 was passed. Against that order the writ petition was filed in this Court which has been allowed by the learned single Judge.
(3.) FROM the above facts it is evident that in fact no enquiry was held against the writ petitioner after giving him the charge -sheet.;