- (1.) THIS writ petition is directed against the order dated 15.10.2003 passed by respondent no.2/District Administrative Committee whereby petitioner has been dismissed from service as well as appellate order dated 6.7.2007 passed by State Cadre Authority, U.P. Primary Agricultural Cooperative Credit Societies Centralized Service, U.P. Lucknow dismissing the appeal.
(2.) I have heard Km. Ranjana Agnihotri, learned counsel for the petitioner and Sri B.L. Verma, learned counsel for the respondents.
(3.) BRIEFLY stated facts are that petitioner was Member of U.P. Primary Agricultural Cooperative Credit Societies Centralized Services, Unnao. He was placed under suspension vide order dated 24.5.2002 whereafter a chargesheet was issued on 23rd August, 2002 and after enquiry, show cause notice was issued on 28th December, 2002. The chargesheet, show cause notice and suspension order were challenged in Writ Petition No. 1182(SS) of 2003, which was disposed of by Hon'ble A.N. Varma, J. vide order dated 3.3.2003 directing opposite parties to get the enquiry conducted in respect of charges levelled against the petitioner de novo by a new Enquiry Officer. In pursuance of this order, another Enquiry Officer was appointed. The petitioner demanded the evidence relied upon in the chargesheet but he was not supplied any evidence on the other hand respondents asked petitioner to inspect record. Enquiry Officer proceeded to complete the enquiry and issued show cause notice on 19.9.2003. In reply to show cause notice, petitioner reiterated non -supply of evidence relied by the Enquiry Officer. Petitioner challenged charge -sheet and show cause notice in this Court by way of another Writ Petition No. 6519 (SS) of 2003, whereupon after hearing the parties, judgment was reserved but before delivery of the judgment, District Administrative Committee dismissed the petitioner from service on 15.10.2003. Writ Petition was dismissed by Hon'ble N.K. Mehrotra, J. vide order dated 16.10.2003. Relevant extract of order dated 16.10.2003 is being reproduced below: - "By means of this writ petition, the petitioner has challenged the impugned chargesheet dated 27.6.2003 in pending disciplinary inquiry as contained in annexure -15 and show cause notice dated 19.9.2003 which has been served alongwith the copy of the inquiry report as contained in annexure -1 to the writ petition. ..... In view of the above, the writ petition is dismissed with the observations that if the petitioner desires to participate in the disciplinary proceedings, the disciplinary authority may consider to provide him one more opportunity to participate in the inquiry proceedings after permitting him the inspection of the documents referred in the chargesheet. ";