- (1.) Heard Mr. S.K. Kalia, Learned Senior Advocate assisted by Mr. V.B. Kalia, learned counsel for the appellant and Mr. (Dr.) Virendra Bahadur Singh, learned counsel for respondent No.2.
(2.) This intra-court appeal has arisen out of order dated 27 August 2014 passed by the learned Single Judge in writ petition No. 6875(SS) of 2006, the main grounds of challenging the order of learned Single Judge are that the learned Single Judge has failed to appreciate that in the inquiry no time, date and place was fixed and further the documents relied upon were not provided to the appellant nor were witnesses produced by the department for their cross examination. Further appellant was not provided opportunity to produce the documents, thus it is stated that the appellant was not provided an adequate opportunity to defend himself.
(3.) In view of the aforesaid submissions, we have examined the order impugned and found that the appellant was charged with misappropriation of funds of the Corporation, while he was posted in U.P. Rajya Karmchari Kalyan Nigam. The learned Single Judge had dealt with the question of supply of documents and has observed that the documents demanded by the appellant were not the relevant documents, rather the documents referred in the charge sheet were different. The appellant himself has returned some of the amount for which he was charged for misappropriation. The learned Single Judge has also reported that upon perusal of inquiry report it revealed that the appellant was provided time as prayed for to submit reply of charges, but he did not submit his reply. Reminder was also sent to him on 04.09.2004. He submitted reply on 13.09.2004. Thereafter on 05.10.2004 date of hearing was fixed. The appellant was intimated the date fixed through letter vide office order dated 29.09.2004. In his reply the appellant has admitted that he received a letter giving him an opportunity of personal hearing on 06.10.2004. Again vide letter dated 08.10.2004 the next date fixed in the matter i.e. 25.10.2004 for personal hearing was intimated him.;