- (1.) Heard Sri Mahendra Pratap Singh, learned counsel for petitioner and learned Standing Counsel as well as Sri Anurag Tripathi, Advocate for respondents.
(2.) Writ petition is directed against judgment and order dated 06.06.2011 passed by State Public Service Tribunal (hereinafter referred to as the "Tribunal") dismissing Claim Petition No. 375 of 2007 filed by claimant-petitioner.
(3.) Petitioner was appointed as Munshi in Sharda Sahayak Command Area Development and Water Management Project, U.P., Lucknow and sent on deputation in Directorate of Handicap Welfare Department for a period of two years as Senior Clark on 06.04.1998. While working on deputation he was placed under suspension on 27.07.2000 by Director in the office of Directorate of Handicap Welfare (respondent no. 4). Petitioner was also served with charge sheet dated 07.06.2000 containing six charges, by respondent no. 4. He denied all charges vide reply dated 17.04.2002. Pending disciplinary inquiry, petitioner was reinstated vide order dated 08.07.2002. Inquiry Officer fixed 21.05.2003 for oral inquiry but intimation of date was received/ communicated to petitioner on 22.05.2003 as a result whereof he could not appear before Inquiry Officer on 21.05.2003. Without fixing another date and without actually holding oral inquiry, report was submitted by Inquiry Officer holding charges proved. Disciplinary authority agreeing with findings of Inquiry Officer served a show cause notice on 01.03.2006. Petitioner requested disciplinary authority to grant some time but order of punishment was passed on 08.06.2006 by respondent no. 3 imposing punishment of removal and recovery of Rs. 1,70,400/-. Petitioner filed appeal before respondent no. 1 but same was dismissed vide order dated 15.01.2007. Both these orders of punishment and appellate order were challenged in Claim Petition No. 375 of 2007 before Tribunal but said claim petition has been dismissed vide judgment dated 06.06.2011. It is this judgment which has been assailed in this writ petition.;