- (1.) H. L. Gokhale, CJ. Heard Sri Anand Prakash Srivastava in support of this appeal. Sri Amit Sthalekar appears for the respondents.
(2.) THE appellant is working as class III employee under the first respondent, District Judge, Varanasi (U. P.) A complaint was made against him on 19th September, 1991 that at about 1. 30 p. m. he had assaulted a class IV employee one Jawahar Lal. A preliminary inquiry was conducted first, thereafter a departmental inquiry was conducted. THE order reducing the appellant to lower pay scale has been passed. Against this order a Writ Petition bearing No. 53646 of 1999 (Ram Prasadv. District Judge, Varanasi and another) was filed. Learned Single Judge has dismissed the writ petition and hence this appeal has been filed. Mr. Srivastava, learned Counsel for the appellant submitted that principles of natural justice were violated. The appellant did not get an opportunity of hearing. From the final order which has been passed it is seen that on the request of the appellant four persons were examined in the inquiry. They were the complainant namely, Jawahar Lal, Gulab Singh, Mani Lal and Surendra Kumar Pandey. The appellant has participated in the inquiry and he has given his statement. Thereafter, the inquiry officer has accepted the version given by the complainant Jawahar Lal only. The complaint of Jawahar Lal is that on the particular day the appellant is reported to have abused him by taking the names of his mother and sister and thereafter has twisted his arm and beaten him. He has also made grievance that the appellant stated that the complainant belongs to lower community and had become too important.
(3.) THERE is also a complaint by another employee one Gulab Singh that the appellant had eaten 'pan' and thereafter he indulged into spitting and spoiled the dress of that complainant Gulab Singh. The statement of witness No. 3 Mani Lal has supported the version of Jawahar Lal that there was an altercation between him and Ram Prasad. He also stated that Ram Prasad apologied in his presence.;