Ravindra Nath Mishra, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed for issue of direction in the nature of Certiorari for quashing judgment/award dated 05.05.1998 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") in Claim Petition No. 547/V/1990, whereby Tribunal has dismissed the petition.
(2.) Heard Sri R.K. Upadhyaya, learned counsel for the petitioner and learned Standing Counsel for the respondent.
(3.) Brief facts necessary for disposal of this writ petition are that petitioner was initially appointed as Fire Man in 1990. He was posted at Fire Station Bareilly under the Chief Fire Officer, Bareilly-Opposite Party No.4. As he was not given government accommodation, a night pass was issued to him by Opposite Party No. 3 for 06 months. Opposite Party No. 4 was not pleased with him as the petitioner had refused to do his personal work, therefore after expiry of 06 month his night pass was not extended. During his posting at Fire Station Bareilly proceedings under Section 7 of Police Act, 1861 (hereinafter referred to as "Act, 1861") were initiated against him and after some preliminary inquiry charge-sheet dated 21.06.1990 was served upon him by Deputy Superintendent of Police along with list of witnesses including the name of Sri Anil Kumar Ratori, Assistant Superintendent of Police, Bareilly, who had conducted preliminary inquiry. The charges included the charge against him that on 27.03.1990 petitioner sat on "Dharna" in front of office of Opposite party No.4. Inquiry report dated 14.09.1990 was submitted proposing punishment of dismissal whereupon punishing authority issued show cause notice to petitioner along with copy of inquiry report. The punishing authority passed impugned order of punishment of removal dated 11.10.1990.;