- (1.) HEARD the learned Counsel for the petitioner Shri S. K. Verma ' and Shri Rajnesh Kumar learned Standing Counsel for the State.
(2.) THE petitioner Shri Krishna Sharma (since deceased) while working as a peon in Collectorate, Aligarh was charged for misplacing/loss of 14 files which were handed over to him for being delivered to the Court of Naib Tehsildar out of the total 27 files. An inquiry was conducted after issuance of charge-sheet wherein in the reply to the charge-sheet, he stated that 14 files have lost but they are being searched. This statement was taken as his admission of his guilt on which he was dismissed from services vide order dated 2. 5. 1985. Shri Krishna Sharma (since deceased), filed a claim petition before the UP. Public Services Tribunal which was also dismissed vide order dated 23. 3. 1993. However, a learned Single Judge of this Court passed an interim order on 1. 11. 1993 staying the operation of the dismissal order and thereafter the petitioner was allowed to continue in service, though liberty was given to the Government to take work or not but salary was to be paid regularly. We are informed by the petitioner's Counsel that in pursuance of the afore said interim order, Sri Krishna Sharma was reinstated into service and he retired from service after attaining the age of superannuation sometimes in February, 2001. Shri Krishna Sharma had expired on 25. 12. 2004 and is no more in the world. His heirs have been substituted.
(3.) SHRI Krishna Sharma was appointed in the year 1962. He was dismissed from service on 2. 5. 1985 and remained out of employment till the passing of the interim order of this Court. We find force in the argument of the learned Counsel for the petitioners that mere statement of fact in the reply/letter dated 29. . 10. 1984 to the inquiry officer that 1. 4 files are missing from the Court of Naib Tehsildar which are being searched, could not have been taken as an admission of guilt by Shri Krishna Sharma and that in the absence of an unequivocal admission, it was obligatory upon the department to conduct a full fledged inquiry and get the charges proved and by not doing so, the impugned order of dismissal stands vitiated.;