- (1.) Heard Sri K.N. Mishra, learned counsel for the petitioner, Dr. Rajeshwar Tripathi, learned Chief Standing Counsel-II appearing for the State of U.P. and Sri Nisheeth Yadav, learned counsel appearing for the U.P. Public Service Commission.
(2.) The petitioner is Upper Mukhya Adhikari and at the relevant time, he was posted in District Gonda. The petitioner by virtue of his aforesaid office, was one of the Member of the selection committee for making appointments in Zila Panchayat. In respect to some of the selections made in the year 1995, the petitioner was charge-sheeted in the year 1997. The Special Secretary, Panchayati Raj was appointed as Enquiry Officer. He submitted his enquiry report on 27.04.1998. The petitioner was exonerated from all the charges levelled against him but the report was not accepted by the State Government. Subsequently, the then District Magistrate, Gonda vide letter dated 16.06.2001 intimated that the matter requires further consideration. In view of the above, the State Government entrusted the District Magistrate with the enquiry and a supplementary charge-sheet dated 22.08.2001 was served upon the petitioner. The petitioner replied to the supplementary charge-sheet as well as to the earlier charge-sheet of 1997. In pursuance of the said enquiry, two enquiry reports were allegedly submitted on 05.06.2003 and 13.06.2003 in respect of initial charge-sheet and the supplementary charge-sheet respectively by Sri Narendra Kumar, the then District Magistrate, Gonda. The petitioner was served with a show cause notice dated 27.01.2004, whereupon a reply was submitted. Then after taking approval of the U.P. Public Service Commission, which was not granted earlier, the impugned order dated 16.11.2015 was passed terminating the services of the petitioner.
(3.) The aforesaid order of dismissal of the petitioner dated 16.11.2015 and the order dated 23.10.2015 of the Commission granting approval have been impugned in the present writ petition.;