Siddharth, J. - (1.) Heard Sri Pradeep Verma assisted by Ms. Arti Agrawal learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The above noted writ petition has been filed by the petitioner praying for quashing the punishment order dated 30.3.1999 passed by the respondent No.1 and for a direction to the respondent No.1 to treat him in service and pay salary and allowances as per rules.
(3.) The brief facts of the petition are that the petitioner was appointed on compassionate basis on the post of Junior Assistant Clerk vide order dated 03.7.1990. It is alleged that the respondent No.2 was not favaourably disposed towards the petitioner and he used to harass him in various ways. The petitioner made a complaint to the respondent No.1 against misdeeds of respondent No.2 and at his behest, he was charge-sheeted for the charges of insubordination, hindrance to official work, delay in preparing bills and unauthorized absence from duties. The petitioner could not submit the reply to the charge-sheet on account of illness and, therefore, an exparte inquiry was conducted against him. No second show cause notice against the proposed penalty was issued to him against the inquiry report dated 25.01.1999. On his objection, the Inquiry Officer was changed and he was granted one week's time to submit his reply to the charge-sheet and evidence in support of the same. The petitioner was unable to submit his reply within a week and out of depression and stress, he submitted his resignation dated 20.02.1999 from service. His resignation was not accepted and he requested the Commissioner, Allahabad Division, Allahabad to accept his resignation since he was not willing to work under the respondent No. 2. The new Inquiry Officer submitted his exparte inquiry report dated 04.3.1999 and without issuing any notice, as per Article 311 (2) of the Constitution of India, nor supplying the inquiry report to the petitioner an order of dismissal dated 30.3.1999 from service was passed against him and hence this writ petition against the impugned dismissal order dated 30.3.1999 has been filed by the petitioner.;