- (1.) BHARATI Sapru, J. Heard learned Counsel for the petitioner Sri Manish Kumar Nigam and the learned standing Counsel for the respondents No. 1 and 2.
(2.) THE petitioner has filed present writ petition seeking a writ of certiorari quashing the order dated 24- 5-2002, which is the appellate order by which the petitioner has been removed from service and the order dated 22-9-2001 passed by the respondent No. 2 which is the order passed by the disciplinary authority terminating the services of the petitioner. The facts of the case are that the petitioner was working in the Department of Sericulture as a Demonstrator. The petitioner was posted at Kanpur Nagar and he was transferred to Bahraich on 22-1- 1999. Since the petitioner did not comply with the order of transfer, he was served with the order of suspension on 22-3- 2000. The petitioner submitted a reply against the order of suspension and prayed for recalling of the same on 25-3-2000.
(3.) THE order of suspension was not recalled and the charge-sheet was issued to the petitioner on 18-8- 2000 in which he was charged with being guilty of indiscipline for not complying with the transfer order. THE petitioner replied to the charge-sheet on 29-9-2000 in which the petitioner adopted a stand that the order of transfer was never given to the petitioner. He also raised a plea that his wife was suffering from serious illness and he also offered that at the time of enquiry, the petitioner would produce all relevant evidence in support of his plea. The petitioner has averred in para 9 of the writ petition that after the petitioner submitted his reply on 29-9-2000, he received no further communication. According to the petitioner, he was not given any notice to participate in any enquiry, which was set up against him and also was not given any list of witnesses or the documents, which was to be used against him.;