RAJIV SHARMA, J. - (1.) HEARD learned Counsel for the petitioner and the Counsel appearing for the respondents.
(2.) IN short the facts of the case are that the petitioner was appointed in the year 1973 on the post of Junior Assistant in District Office, PCF, Bulandshahar. In July, 1973 he was given posting at PCF Marketing Centre, Gulaoti, Bulandshahar. The petitioner was confirmed on the said post in the year 1978 and was transferred to Regional Office, PCF Meerut on 18.4.1979. On 28.4.1979, a composite order was passed by the Joint Managing Director, PCF Lucknow placing the petitioner under suspension and appointed an Enquiry Officer to enquire into the charges levelled against him. After some correspondence, on 13.1.1982, the Enquiry Officer submitted a final enquiry report to the respondent No. 2 and held the petitioner guilty of embezzlement and misappropriation of stock worth Rs. 1,14,144.99. It was also stated in the enquiry report that in respect of the charges against the petitioner, an FIR on case crime No. 17/80 under Section 409, IPC was registered against him by the Special Research Wing, Vigilance Department, Meerut.
(3.) PURSUANT to the submission of the enquiry report against the petitioner, on 17.5.1982 a show cause notice was issued to the petitioner as to why punishment should not be awarded to him for committing irregularities. By the letter dated 1.10.1984, the petitioner demanded certain documents and records for submitting effective reply from Manager, Marketing Center, Gulaothi, Bulandshahar, who replied that the relevant record is available with the Special Research Wing, Vigilance Department, Meerutand he should contact the Vigilance Department. On receiving the said reply, the petitioner again wrote a letter to the Special Research Wing for supplying the certain documents but neither any reply was given nor the documents as demanded by the petitioner were made available. However, the petitioner submitted the reply on 17.11.1984 to the show cause notice pleading not guilty of the charges and also requested for furnishing the copies of certain documents.;