- (1.) D. S. Sinha, J. Heard Sri K. P. Agrawal, learned Senior Advocate appearing for the petitioner and Sri G. C. Pant, learned counsel representing the respondent No. 1 Nagar Paiika, Bindki, district Fatehpur through its Chairman, hereinafter referred to as the Nagar Paiika.
(2.) THIS petition, under Article 226 of the Constitution of India, is directed against the order and judgment dated 6th September, 1979 passed by the U. P. Public Services Tribunal 2nd, Lucknow, hereinafter called the Tribunal, in Claim Petition No. 92i/t/ (l)/77/248/75, Kripa Shanker Awasthi v. Nagar Paiika, Bindki and others, whereby the dismissal of the services of the petitioner by means of the order dated 6th January, 1975, passed by the President of the Nagar Paiika in exercise of powers conferred upon him under Section 76 of the U. P. Municipalities Act, 1916, hereinafter to be referred as Municipalities Act, has been upheld. The petitioner was a Class-IV employee of the Nagar Paiika. By order dated 23rd October, 1974, he was suspended on certain charges of misconduct. Thereafter, the charge-sheet dated 3rd November, 1974 was served upon the petitioner by the Executive Officer of the Nagar Paiika appris ing him of the charges and the evidence sought to be relied upon in support of the charges, and calling upon him to produce his defence, if any. A copy of the said charge-sheet is Annexure '2' to the petition The petitioner res ponded to the charge-sheet and submitted his explanation dated 6th Novem ber, 1974 stating therein that he had not committed the mistake deliberately and pleading for pardon if found guilty. A copy of the explanation is Annexure '3' to the petition. The Executive Officer, who was, it appears, inquiring into the matter, submitted a report dated 28th November, 1974 to the President of the Nagar Paiika, a copy whereof is Annexure '4' to the petition. According to the Executive Officer, the charge against the petitioner was approved. Later on, by means of his order dated 3rd December. 1974, a copy whereof is Annexure '5' to the petition, the President of the Nagar Paiika informed the petitioner that the charges against him were fully proved, and called upon him to show cause as to why he should not be dismissed from service. Along with the order dated 3rd December, 1974 the petitioner was also supplied copy of the report of the Inquiry Officer dated 28th November, 1974. The petitioner did not show cause. Eventually, the President passed the order dated 6th January, 1975 dismissing the petitioner from service.
(3.) CHALLENGING the order of dismissal from service dated 6th January, 1975 the petitioner instituted in the court of the Munsif, Fatehpur Suit No. 248 of 1975 seeking a declaration to the effect that the order of dismissal dated 6th January, 1975 was null and void. The Nagar Palika filed its written statement in answer to the plaint of the petitioner. Upon enforcement of the U. P. Public Services (Tribunals) Act, 1976 (hereinafter called the Act) the suit of the petitioner was abated, and record thereof was transferred to the Tribunal for deciding it in the same manner as if it was a claim petition referred to under Section 4 of the Act. The Tribunal adjudicated upon and decided the claim of the petitioner for declaration of the dismissal order dated 6th January, 1975 to be null and void by its order and judgment dated 6th September, 1979, impugned herein.;