YATINDRA SINGH AND RAN VIJAI SINGH, JJ. - (1.) THE petitioner was an employee of U.P. Co -operative Spinning Mills. Federation Ltd. Kanpur (The Federation). He was posted as Finance Controller Sitapur Sahkari Katai Mills Ltd. Mahmoodabad, Sitapur. He was transferred to the Federation Camp Office at Kanpur on May 15,1996. The petitioner joined at Federation Camp Office at Kanpur on May 24,1996 and applied for leave. According to the petitioner, thereafter he fell ill and sent a telegram along with the medical certificate for leave.
(2.) IT appears that the Federation was not satisfied with the medical certificate submitted by the petitioner. They directed the petitioner to appear before Dr. Hari Mohan Kansal at Government T.B. Clinic, Kanpur on July 29, 1996. According to the petitioner, he appeared before Dr. Hari Mohan Kansal at T.B. Clinic Kanpur and got himself medically examined. However, the petitioner received charge -sheet on November 15, 1996 alleging two charges; Charge No. 1 was to the effect that the petitioner was not joining the office and appeared to be working somewhere else; Charge No. 2 was to the effect that the petitioner did not appear before Dr. Hari Mohan Kansal on July 29, 1996. The petitioner filed his reply on December 1,1996. Alongwith his reply he also annexed the pathological advise by Doctor Hari Mohan Kansal and also receipt of Rs. 350/ - to prove that he was examined. The enquiry report was also submitted by the Enquiry Officer. The petitioner was given show cause to reply the same. He submitted his reply on March 3,1997. However, the petitioner was dismissed by order dated March 5, 1997. He filed an appeal that was dismissed on November 15, 1997. Hence, the present writ petition.
(3.) WE have heard counsel for the petitioner and Shri D. Awasthi counsel for the respondents.;