B.N.Sapru, J. - (1.) THIS writ petition filed by Awadhesh Kumar Shukla arises out of a judgment of the U.P. Public Service Tribunal No. 1 Lucknow, in claim Petition No. 881 T of 1976 whereby the Services Tribunal dismissed the petitioner's reference by its judgment. The petitioner was a Junior Assistant in the U.P. Financial Corporation. On 28 -8 -1970 the immediate superior of the petitioner issued a memo to the petitioner calling upon him to explain the circumstances in which a sum of Rs. 500/ - paid by M/s. Dada Industries, Kanpur, paid to the petitioner for being deposited to the credit of the Corporation, had not been deposited.
(2.) THEREAFTER the petitioner received a notice dated 31 -8 -1970 from the Managing Director of the Corporation containing the same charge and he was asked to show cause within a week why the petitioner should not be dismissed from the service of the Corporation. The petitioner submitted his explanation through a letter dated 15 -9 -1970. He denied the charges. On 17 -9 -1970 the Managing Director suspended the petitioner and by another of the same date, the Managing Director appointed Sri A.M. Kar, Chief Accountant of the Corporation, who was the immediate superior of the petitioner, as an enquiry officer. A charge -sheet was drawn -up by Sri A.M. Kar and served on the petitioner. The charge -sheet is dated 26 -9 -1970.
(3.) THEREAFTER the Managing Director submitted a note dated 21 -10 -1970 to the Board of Directors. This note was taken up at 164th meeting of the Board of Directors. On 26 -10 -1970 the Board of Directors passed the following resolution: - - The Board considered the note of the Managing Director, dated the 21st October, 1970, on this item and confirmed the action taken by the Managing Director in suspending Sri A.K. Shukla, Junior Assistant in the Accounts Section of the Corporation with effect from the 17th September, 1970, and allowing him subsistence allowance at the rate of 1/3rd of his pay and appointing Sri A.M. Kar as the Enquiry Officer in the case.;