- (1.) THE present writ petition has been filed by the petitioner, inter -alia, praying for following beliefs: "i) A writ order or direction in the nature of Certiorari quashing impugned order dated 4.4.2002 (Annexure -4 to the Writ Petition) passed by respondent no.2. ii) A writ order or direction in the nature of Mandamus directing the respondents to reinstate the petitioner in service and be paid salary current and in arrears. iii) Any other writ order or direction which this Hon'ble Court may deem, fit and proper in view of the facts and circumstances of the case. iv) And award cost of the petition."
(2.) THE brief facts which give rise to this writ petition are that: The petitioner was initially appointed as Junior Clerk in the Office of Sainik Kalyan Evam Punarwas Officer, Saharanpur in the year 1991. The petitioner was promoted on the post of Senior Clerk and later on he was transferred to Haridwar, and thereafter, the petitioner was further transferred to Saharanpur. Again, the petitioner was transferred from Saharanpur to Ghaziabad in the month of June, 2001, then petitioner moved an application to the authorities for cancellation of transfer order due to sickness of his wife and due to this reason, the transfer order of the petitioner was suspended. One Shri Ram Pal, who was also promoted to the Senior Clerk was also transferred from Meerut to Saharanpur. He joined there and taken charge on the post of Senior Clerk at Saharanpur. Ram Pal, who was also Senior Clerk and was posted at Saharanpur and one Nasiruddin, lodged false complaint against the petitioner before the respondent no.2 -District Magistrate, Saharanpur.
(3.) THE respondent no.3 issued a show cause notice to the petitioner and petitioner submitted his reply but the respondent no.2 did not consider defence of the petitioner and suspended the petitioner on 26.12.2001. Then after submission of charge -sheet against the petitioner and without considering the evidence of complainant, the services of the petitioner were terminated vide order dated 4th April, 2002.;