- (1.) Heard Sri Ashutosh Tripathi, learned counsel for the petitioner and Sri Aashish Misra, learned counsel for respondents.
(2.) The petitioner herein was initially appointed in the subordinate judiciary as Routine Grade Clerk in 1991 and was posted as Copyist in the Judgeship of Fatehgarh. Subsequently, in the year 2003, he was promoted as Senior Clerk and since then he was discharging his duties on the post. He applied for casual leave for 9.7.2007, while posted in the judgeship of Farrukhabad. The said leave was duly sanctioned, accordingly, he proceeded to leave. However he did not return back till 19th July, 2007.
(3.) In the integrum on 13.7.2007, the Reader of the concerned court, where he was deputed submitted a report about his absence to the District Judge. On 16.7.2007 petitioner;'s explanation was called regarding his absence which was submitted on 28.7.2007. The said explanation was not found satisfactory, accordingly by order dated 31.7.2007 the District Judge ordered initiation of regular disciplinary proceedings . Consequently on 9.8.2007 a charge sheet, approved by the District Judge was given to the petitioner by the inquiry officer regarding his absence from 10.7.2007 to 19.7.2007. This was the only charge mentioned in the charge sheet and it stated that it demonstrated lack of devotion on his part and violation of Rule 3 of U.P. Conduct Rules, 1976 read with relevant disciplinary proceedings Rules. Petitioner submitted his reply to the charge sheet on 13.8.2007. Thereafter inquiry report is said to have been submitted on 3.9.2007. Based on the inquiry report, a show cause notice dated 23.11.2007 was issued to the petitioner to which he submitted his reply on 23.11.2007. Thereafter, impugned order of removal from service was passed on 30.11.2007 by the District Judge Farukkhabad with reference to Rule 4 (i)(g) of U.P. Subordinate Courts Staff (Discipline and Appeal) Rules, 1976.;