R.K.Mahajan, J. - (1.) This is a writ petition filed by the petitioner praying that a writ in the nature of certiorari be issued quashing the charge sheet, enquiry report, penalty order of the disciplinary authority, and judgment of the Tribunal dated 14-11-1993 and judgment on review application dated 14-8-1986. The petitioner has further prayed for a writ of mandamus commanding the respondent No. 2 to treat the petitioner on continuous service with all consequential benefits as his services were not terminated.
(2.) The petitioner was at relevant time Senior Assistant in the office of Commissioner, Allahabad Division. Selection was to be made for" training for the post of Lekhpal for the year 1979-80. The petitioner was Incharge for preparing the list of the candidates for being sent to the training. To understand the case it would be relevant to refer the brief charge levelled against the petitioner.
(3.) The petitioner was charge-sheeted for not preparing correct list between November, 1978 and December, 1979 while selecting candidates for Lekhpat Trainiag School of the "Commissioner". He did not follow properly the Government Orders and Board Orders. He did not make a note of comment on the file of the Government Orders and Board Orders while selecting candidates for Lekhpal Training School for the session 1979-80 and while also relating to 450 candidates (General Category 250, Scheduled Caste 113, Backward Class 68, Dependants of Freedom Fighters 14 and Dependants of deceased employees 5) left out 43 such candidates who were not selected and who had better marks than the selected candidates and the basis for selection as kept was fulfilled by such candidates as that of selected candidates. In other words, the candidates who had better claims were left out while candidates who had less merit were selected. He also did not prepare the correct list of Backward candidates to be selected on merit and of Handicapped candidates and prepared the list of the candidates who were having less marks and left out who were having more marks. He also did not attend to the complaints which were received after the last selection was made and had he put those complaints before the competent authority the grievance of some candidates would have been met. He also absconded from duty. Sixty forms were not available which were received in the office and were given to him after proper indexing and he could not make them available. The department drew the inference that there was a motive for gratification and corruption and after due enquiry he was dismissed from service.;