Sangeeta Chandra, J. - (1.) This writ petition has been filed challenging the order dated 2.3.2012 passed by Nagar Ayukt, Kanpur Nagar, Kanpur and the order dated 2.6.2013 passed by the Commissioner, Kanpur Division, Kanpur rejecting the Appeal of the petitioner.
(2.) Counsel for the petitioner has argued that the petitioner was initially appointed as Gangman / peon in Kanpur Nagar and he worked satisfactorily for a long time on the said post, but was later on transferred in the year 2004 to Nagar Nigam Girls Inter College, Kidwai Nagar, Kanpur in 2004. In 2004-2005, the petitioner fell ill frequently. He filed an application for Medical Leave along with Medical Certificates issued by the Doctor concerned each time he took leave due to illness, but the Principal of the said college became annoyed with the petitioner and therefore arbitrarily marked him absent in the attendance register. He was also not paid salary for several months and he also sent legal notices to the Principal in this regard.
(3.) Later on, it was informed to the petitioner that an enquiry had been set up against the petitioner by the order of Up-Nagar Ayukta dated 23.8.2006 and Section Officer was appointed as Inquiry Officer with a direction to serve a copy of the charge sheet upon the petitioner and to conduct an enquiry and submit a report to the Nagar Ayukta. In pursuance of the order passed on 23.8.2006, no enquiry was conducted by the Inquiry Officer for a long time and after three years, all of a sudden, a charge sheet was served upon the petitioner on 19.5.2009 wherein the Inquiry Officer who had now been promoted as Sahayak Nagar Ayukt informed him of two charges levelled against the petitioner.;