O.P.Garg, J. - (1.) The petitioner Ram Bachan Yadav has prayed by means of the present writ petition under Article 226 of the Constitution to quash the order of his dismissal from service, dated 4.6.1986, passed by respondent No. 1, contained in Annexure 26, and the orders dated 10.7.1987 and 17.1.1994, contained in Annexures 28 and 31, respectively dismissing the appeal of the petitioner by respondent No. 4 and claim petition by respondent No. 5.
(2.) Counter and rejoinder affidavit have been filed. Heard Dr. R.G. Padia learned Counsel for the petitioner and Sri D.P. Singh learned Standing Counsel.
(3.) The case of the petitioner is that he was appointed as a Constable in the Provincial Armed Constabulary on 27.6.1969. In 1985, while the petitioner was posted in the 20th Batallion of the Provincial Armed Constabulary (for short 'PAC', at Azamgarh. Though the petitioner was working as a Driver, but he was holding the lien in the substantive post of Constable under the provisions of Police Act, 1861. The petitioner was served with a charge-sheet dated 15th November, 1985, containing three charges (i) the petitioner damaged the vehicle No. USS-3486 on 1.9.1985 while going to Punjab, (ii) misused 10 litres of diesel and (iii) misbehaved with Head Constable Ram Asrey Shukla by beating him. Subsequently the suspension order of the petitioner was revoked on 7.2.1986. However, another charge-sheet was served on him on 10.2.86 containing the same charges, as said above. The allegation of the petitioner is that despite repeated requests made by him, he was not supplied the copies of necessary documents and the enquiry officer rejected his prayer for documents by his order dated 11.3.1986, which is contained in Annexure 10 to the writ petition. The statements of the witnesses were recorded without prior intimation to the petitioner and the petitioner was not even allowed to cross-examine the witnesses. As a protest, he did not sign the proceedings. Thereafter, all entreaties of the petitioner for free and impartial enquiry went a begging and without following the basic principle of audi alteram partem, the services of the petitioner were dismissed by the impugned order dated 4.6.1986 by the Commandant-PAC, 20th Bn. Azamagarh-respondent No. 1. The appeal against the aforesaid order, as well as claim petition before the U.P. Public Services Tribunal, Lucknow met the same fate and hence this petition.;