Sudhir Agarwal, J. - (1.) Heard Sri Bipin Bihari, learned counsel for petitioner, learned Standing Counsel for State-respondents and perused the record.
(2.) Father of petitioner late Sarjoo Prasad was initially appointed as Watchman and subsequently promoted on post of Krishi Kamdar in Agriculture Department. His services were regularized on 6.4.1956. He was issued a charge sheet on 03.02.1977, which was replied by father of petitioner denying charges vide reply dated 21.02.1977. Thereafter comments were invited from Block Development Officer (hereinafter referred to as 'B.D.O.'), who submitted the same on 23.05.1977. In the light of reply submitted by father of petitioner and comments sent by B.D.O., Assistant Inspector (Agriculture) vide notice dated 1.8.1977 proposed punishment of dismissal from service and ultimately vide order dated 24.10.1977 petitioner's father was dismissed from service. Review preferred by him was rejected and thereafter his appeal was also rejected by Joint Director (Agriculture), Azamgarh, vide order dated 28.01.2000.
(3.) It is contended that no departmental enquiry was held under Civil Services (Classification, Control and Appeal) Rules, 1930 as applicable in U.P. The said rule was applicable at the relevant time. Procedure laid down under the said rules was not followed and no oral enquiry was conducted and no opportunity was afforded to deceased employee.;