- (1.) HEARD Mr Sanjeev Singh, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 12.8.1998 ( Annexure No.1), passed by the District Judge, Kherei whereby petitioner's name from the list of employees has been removed on account of his dereliction from duty as also the implication in case crime no. 138 of 1998 under Section 307/ 506 I.P.C. Police Station Phool Behar, district Lakhimpur Kheri.
(3.) LEARNED counsel for the petitioner without disputing his implication in the criminal case submitted that the Additional Sessions Judge, Kheri has acquitted him in the aforesaid matter vide order dated 13.3.2003, passed in S.T. No. 658 of 2000. So far as allegation of dereliction from duty is concerned, he submits that the order of removal from service on the aforesaid ground is a major punishment which required a detailed inquiry but the same has not been conducted. He also drew the attention towards The U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955 (in short ''Rules') which governs the service conditions of Class IV employees of the Civil Court also and provides the procedure to be adopted in respect of major punishment. He further submits that no order of removal from service can be passed without affording adequate opportunity to the delinquent employee to defend him for which the ground, on which punishment is proposed, shall be reduced in the form of different charge and shall be communicated to the persons charged whereas no such exercise was adopted by the respondent.;