- (1.) Heard learned counsel for the writ petitioner and Sri K.R. Sirohi, learned counsel for the respondents.
(2.) This is an appeal against the judgment and order dated 1st of August, 2006 passed by a learned Single Judge dismissing the writ petition of the appellant.
(3.) The appellant was working as a Stenographer in the Judgeship of Ballia. At the relevant time, he was working in the Court of 1st Additional Civil Judge. He was on medical leave without pay from 27.1.1994 to 21.2.1995. The appellant thereafter claims to have submitted his joining along with the medical fitness certificate on 22.2.1995, which joining has endorsement of the District Judge 'provisionally permitted'. However, the appellant thereafter was not allowed to work as Stenographer in the Court concerned, and his case is that he sat with Munsarim during that period of about two months. Disciplinary proceeding was initiated by issuing a charge sheet levelling the charge that the appellant has not worked from 22.2.1995 to 2.5.1995 in the Court of Civil Judge, but he marked his attendance on one single day, i.e., on 2.5.1995 for all the aforesaid period. The charge sheet was replied by the appellant and the inquiry was held. The Inquiry Officer recorded the statement of Shayam Narain Ojha, Dina Nath and Kishore Ram, who was working as C.J.M. The appellant and Baij Nath Verma appeared before the Inquiry Officer. The Inquiry Officer, vide his report dated 5.1.1996 submitted a report to the District Judge proving the charge that the appellant had made signatures on one single day for the period 22.2.1995 to 2.5.1995. The District Judge issued a show cause notice on 10.1.1996 asking the appellant to file his reply by 24.1.1996. The District Judge passed an order on 27.1.1996 dismissing the appellant from service. The said dismissal had been challenged by the appellant before the learned Single Judge in the writ petition, which has been dismissed.;