- (1.) S. P. Srivastava, J. Heard the counsel for the petitioner and the learned Standing Counsel representing the respondents No. 1 and 2.
(2.) LEARNED Standing counsel has produced the original record culminat ing in the impugned order dated 7-2-1995 passed by Hon'ble the Chief Justice and the consequential order dated 8-2-1995 passed by the Registrar. Perused the record. The petitioner who held the post of a Personal Assistant which is a Clase-III post as envisaged under the Allahabad High Court Officers and Staff (Conditions of Service and Conduct), Rules, 1976 was subjected to disciplinary proceedings during the period when he was attached with an Administrative Judge of this Court which culminated in an order dated 7-2-1995 passed by the Hon'ble the Chief Justice of this Court whereunder a punishment of dis missal from service was awarded to him, feels aggrieved by the said order communicated by the Registrary vide the order, dated 8-2-1995 and has approached this Court seeking redress praying for quashing of both the aforesaid orders including the enquiry report dated 16-8-1993 and the order of his suspension pending disciplinary proceedings and other consequential reliefs. In appears from the record that on certain facts having been noticed from the materials on the record the Hon'ble Administrative Justice with whom the petitioner stood attached prima facie, being of the view that the petitioner had breahed, disrespected and violated the faith, trust and con fidence reposed by the Hon'ble Judge in him reported the matter to the Hon'ble the Chief Justice vide his endorsement dated 21-7-1992 whereafter, on perusing the record the Hon'ble Chief Justice while placing the petitioner under suspension vide the order dated 22-7-1992 started disciplinary action against him nominating Sri O. P. Sravastava, Joint Registrar (Computer) for the purposes of submitting the enquiry report which was communicated to the petitioner vide the consequential order passed by the Registrar dated 29-7-92. Sri 6. P. Srivastava, Joint Registrar (Computer) who had been nominated by the Hon'ble the Chief Justice submitted his enquiry report dated 16-8-1993 holding the charges leveled against the petitioner to have been proved and recommended the awarding of the punishment of dis missal room the service.
(3.) THE petitioner was thereafter issued a show cause notice dated 24-12-1993 calling upon him to submit his explanation and show cause in, response whereto the petitioner submitted his explanation/reply dated 24-1-1994 praying that the show cause notice be withdrawn and the suspension order passed against him be revoked with all consequential benefits. This reply, contained in about 49 pages running into 84 paragraphs challenging and criticising the findings returned by the Enquiry Officer both on fact and law based on various assertions including those which were argumentative in nature, appears to have been placed along with the record of the proceed ings together with the enquiry report for consideration before Hon'ble the Chief Justice who by a detailed order clearly indicating that he had considered the report of the Equity Officer including the facts on the record and charges framed against the petitioner as well as the reply given by him to the show cause notice, agreed with the conclusions arrived at by the Enquiry Officer which were supported by the evidence on the record and came to the conclu sion that the charges framed and proved against the petitioner were of a very grave and serious nature and nothing having been indicated which could reveal anything to minimise the gravity of the charges proved and established against the petitioner accepting the findings given by the Enquiry Officer awarded the punishment of dismissal from service to him. The Hon'ble the Chief Justice in his order dated 7-2-1995 has observed |that the finding recorded against the petitioner to the effect that he visited a foreign country without the permission of the Court and had exercised undue influence on the judicial officers and availed of undue facilities from them exploiting his position of being Personal Assistant to Hon'ble Administrative Judge and that he leaked the confidential information pertain ing to administrative matters of Bareilly Zone which were supposed to be kept as secret had committed breach of confidentiality, faith and trust reposed in his office and further that he also exercised undue influence on the District Judge, Pilibhit recommending the names of persons for doing certain favour and that he has interfered with local administration were based on the evidence on the record.;