- (1.) HEARD Sri R.C.Saxena, learned counsel for the petitioner, Sri U.S. Sahai, learned counsel appearing for the respondent nos. 3 and 4 and the learned Standing Counsel appearing for respondent nos. 1 and 2.
(2.) DURING the pendency of this writ petition, Deen Bandhu -the petitioner died on 15.9.2013. The legal heir of the petitioner, Smt. Anita has been substituted on 13.12.2013.
(3.) FOR the sake of convenience the deceased is being referred to as petitioner. The brief facts of the case is that the petitioner was appointed as class IV employee on 01.08.1963 with the respondent -college,namely, Khem Karan Inter College, Laharpur, District Sitapur which is a college recognized under the Intermediate Act and the Rules and Regulations framed thereunder. The petitioner was suspended on 30.12.1991 and thereafter he was issued charge -sheet dated 18.1.1992 containing as many as 12 charges. The petitioner submitted his reply on 20.02.1992 to the charge -sheet, denying the allegations and further stated that he did not have faith in the inquiry officer. The inquiry officer fixed 13.3.1992 for inquiry and the petitioner, before the date fixed for inquiry, submitted an application dated 9.3.1992, to the inquiry officer, stating that the appointment of the inquiry officer is illegal. The petitioner did not participate in the inquiry and the inquiry proceeded exparte. The inquiry officer after conclusion of the inquiry submitted inquiry report dated 26.3.1992. The disciplinary authority i.e. the Principal of the College, issued show cause notice dated 8.4.1992 to the petitioner as required under the Regulations. The inquiry report was not supplied alongwith show cause notice. The respondent no.4 passed the impugned order dated 1.6.1992 dismissing the petitioner from service holding that all the charges has been proved by the inquiry officer.;