DEVENDRA KUMAR ARORA,J. - (1.) Heard Mr Shafiq Mirza, learned Counsel for the petitioner and Sri Badrul Hasan, learned Addl. Chief Standing Counsel and Sri Abhai Kumar, Counsel for the Lucknow Development Authority.
(2.) Petitioner, Syed Mansoor Hasan Rizvi, who was working as Junior Engineer (Civil) was placed under suspension vide order dated 26.11.1999 for committing certain irregularities while being posted at Lucknow Development Authority was subjected to disciplinary proceedings. Ultimately, vide order dated 25th May, 2005 the petitioner was dismissed by the Director, Local Bodies, Lucknow, which has been impugned in the instant writ petition.
(3.) According to the learned Counsel for the petitioner, though the charge-sheet was served on the petitioner on 16.2.2000 but the documents mentioned in the charge-sheet were never served or supplied to the petitioner despite repeated requests having been made by the petitioner on 20.2.2000, 12.4.2000 and 10.7.2000 to the Inquiry Officer. However, the petitioner tendered his reply denying all the allegations pointing out his innocence, keeping his right reserved to file a detailed reply on the availability of the evidence and the documents relied upon against him in the charge-sheet. After submission of reply dated 21.9.2000 against the charge sheet dated 30.11.1999, no inquiry at all took place and no departmental witness was ever produced or examined to prove the charges. Further, no date or time for inquiry and production of evidence on behalf of the department was ever fixed and informed to the petitioner by the Inquiry Officer and only on the basis of documents, the Inquiry Officer held the charges proved against the petitioner.;