- (1.) Heard learned Standing Counsel for petitioner and perused the record.
(2.) The writ petition is directed against judgment and order dated 29.04.1995 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") in Claim Petition No. 347/F/III of 1987 whereby Tribunal has allowed Claim Petition and set aside order of punishment dated 28.07.1982 whereby claimant-respondent was dismissed from service.
(3.) Claimant-Respondent was working as Junior Clerk in the Office of Deputy Dairy Development Officer, Ghaziabad. He was placed under suspension by order dated 02.04.1981. A charge-sheet dated 08.08.1985 was served upon him and he was required to submit reply. The charge-sheet contained ten charges and in most of the charges relied on documents included statement of Chief Clerk, Ansar Ahmad and Accountant and other officials. Relied on document were not supplied to claimant-respondent. Learned Standing Counsel, on query, could not dispute that even during the course of regular enquiry before Inquiry Officer, persons whose statement were recorded in the charge-sheet, were not produced to own statements and being available for cross examination by delinquent employee. In fact, Inquiry Officer submitted report stating that claimant-respondent did not submit any reply and for that reason alone held the charges proved and, therefore, order of dismissal was passed by Milk Commissioner, Lucknow.;