P.K.Mukherjee, J. - (1.) This writ petition is directed against the order dated August 5, 1986, passed in appeal preferred by the petitioner, by two Hpn'ble Judges of this Court, on administrative side, and order of dismissal from service dated September 25, 1984.
(2.) The Petitioner was a permanent class IV employee in Banda Judgeship. He was in employment since 1959. Petitioner was transferred from "Banda to Karvi in 1981, Since petitioner was an active member of the Staff Union, according to the petitioner, the officers of Banda Judgeship were prejudiced against him. He was charge sheeted, and proceeded with departmental enquiry. During the course of departmental enquiry, petitioner moved an application dated October 14, 1982, praying for an Advocate to assist him. No order was passed on the aforesaid application and on the basis of report of the Enquiry Officer, petitioner was dismissed from service by order dated September 25, 1984. Appeal preferred against the aforesaid order was also dismissed by the Court.
(3.) This case was heard on May 17, 1995 and, on being satisfied that Sri. Ram Sajivan Singh Senior Administrative Officer in the office of District Judge, Banda had affirmed false affidavit, this court passed the following orders: "Sri Ram Sajivan Singh, Senior Administrative Officer, Office of District Judge Banda, who has affirmed an affidavit in this case on February 20, 1990, has stated in paragraph 14 as under: "......that there was no application dated October 14, 1982 on the record whereunder the petitioner alleged to have made request for permitting him to take assistance of some legal practitioner nor this fact has been mentioned by the enquiry officer in his enquiry proceedings." The petitioner has produced the carbon copy of aforesaid application dated October 14, 1982 wherein seal of office of District Judge is affixed and signature in token of receipt is there. The application is being kept on record. Thus, prima facie, in view of aforesaid application which has been retained in record, it is clear that aforesaid Sri Ram Sajivan Singh has made false statement before this Court. The enquiry officer has also not filed any independent affidavit in this case. In the aforesaid circumstances, Sri Ram Sajivan Singh, Senior Administrative Officer in the office of District Judge, Banda, as well as the enquiry officer are directed to remain present at 10.A.M. on July 14, 1995 before this Court with all necessary records, and apprise this court as to whether any such application had been filed. ....................";