Yashwant Varma, J. - (1.) Heard Mr. Ajay Srivastava who appears for the petitioner assisted by Mr. Siddharth Khare and Ms. Subhash Rathi, learned Standing Counsel for the State respondents.
(2.) The challenge in the present writ petition is to the orders dated 16 June 1999 and 25 November 1999 passed by the respondent Nos. 2 and 1 respectively. In terms of the orders impugned, the petitioner who was a Constable in the Provincial Armed Constabulary (PAC), was terminated from service.
(3.) From a perusal of the material on record, the Court finds that on 6 February 1999, the petitioner came to be suspended in contemplation of a departmental enquiry which was proposed to be held after the appointment of an Enquiry Officer. A chargesheet was submitted on 10 February 1999 levelling three charges against the petitioner. The first related to an inordinate delay which had occurred in the petitioner joining at Post Kotwali Najibabad. The second charge also pertained to the petitioner not complying with an order of transfer with expedition. The third charge related to certain statements attributed to have been made by him to his Commanding Officer evidencing indiscipline. A detailed reply was submitted by the petitioner to the said chargesheet on 27 February 1999. An oral enquiry is thereafter stated to have been held wherein the petitioner was granted an opportunity to examine the witnesses in his defence as also undertake cross-examination of witnesses produced by the respondents. The Enquiry Officer ultimately upon culmination of proceedings, submitted a report dated 28 April 1999 holding that all the three charges levelled against the petitioner stood proved. Upon receipt of the said enquiry report the Disciplinary Authority, on 17 May 1999, called upon the petitioner to show cause why he should not be dismissed from service. The petitioner responded to the said show cause notice. Ultimately, by the order of 11 June 1999, the services of the petitioner came to be terminated. This order has been affirmed in appeal preferred by the petitioner.;