B.S. Chauhan, J. - (1.) This writ petition has been filed for setting aside the judgment and order dated 30.7.1999, passed by the U.P. Public Services Tribunal, Lucknow, hereinafter called the "Tribunal", dismissing the claim petition of the petitioner against the order of removal from service dated 16.7.1997.
(2.) The facts and circumstances giving rise to this case are that, petitioner who had been working as Assistant Wasil Baqi Nawis (AWBN) in the office of the S.D.O., Khaga, District Fatehpur, was assigned the duty of preparing salary bills of Collection Amins and Class IV employees of the Tehsil and to get the said bills cleared from the Treasury for distribution amongst the employees of the Tehsil. During the audit of accounts, it came to the knowledge of the authorities that the petitioner had embezzled a huge amount to the tune of Rs. 10,88,454/. An F.I.R. was lodged immediately against the petitioner at the Police Station Khaga on 4.11.1995 under Sections 467/468, 409 I.P.C. The disciplinary proceedings were also initiated and the petitioner was put under suspension. He approached this Court by filing Writ Petition No. 37983 of 1994 against his suspension but the same was dismissed vide order dated 28.11.1994, directing the opposite parties to conclude the enquiry within six months, and the petitioner was directed to cooperate with the enquiry proceedings. A charge-sheet was served upon him on 1.5.1996 and a supplementary charge sheet on 20.06.1996. The petitioner did not submit any reply to the said charge-sheets; rather moved a large number of applications, requiring copies of certain documents for the purpose of preparing his reply. The Enquiry Officer was appointed and he conducted the enquiry on the said charges. The petitioner did not participate in the enquiry and the enquiry report was submitted on 19.2.1997. The disciplinary authority issued a show cause notice dated 28.2.1997, but the petitioner did not file any response to the same. The disciplinary authority accepted the enquiry report and Imposed the punishment of removal of the petitioner from service vide order dated 16.7.1997. Petitioner claims to have filed an appeal on 19.9.1997 against the said order of punishment, but the respondent authorities denied having ever received the copy of the said appeal. Being aggrieved, he preferred a claim petition which was contested by the respondents on the ground that the department had suffered a huge loss because of the embezzlement by the petitioner. The documents were made available to him and certain documents which were considered to be confidential were shown to the petitioner in the presence of the S.D.O., Khaga, and therefore, there was no merit in the petition and it was liable to be dismissed. After considering the rival submissions made by the parties, the learned Tribunal rejected the claim petition vide judgment and order dated 30.07.1999. Hence this petition.
(3.) Shri K.N. Mishra, learned counsel for the petitioner has submitted that the enquiry was not conducted in accordance with law. The copies of the documents relied upon by the Enquiry Officer were never made available to the petitioner. Thus, he had no opportunity to defend himself. The criminal court has acquitted the petitioner vide judgment and order dated 7.5.2000 in respect of the same charges. This Court must examine the statement of the petitioner who deposed before the criminal court, on the basis of which order of acquittal dated 7.5.2000 has been passed. In fact during the pendency of the criminal case, disciplinary proceedings should have been kept in abeyance. The decision of the authority concerned Is most arbitrary. Judgment impugned is against the record available. Therefore, the petition deserves to be allowed.;