Rajesh Singh Chauhan, J. - (1.) Heard Sri Rishi Raj, learned counsel for the petitioner and Sri D.C. Pathak, learned Additional Chief Standing Counsel for the State.
(2.) By means of this writ petition, the petitioner has assailed the order dated 27.12.1999, passed by the District Commandant, Homeguards, Pratapgarh, opposite party No.3, whereby the petitioner was dismissed from service only three days before his retirement/ superannuation. The petitioner has also prayed that the opposite parties be directed not to give effect the aforesaid impugned order dated 27.12.1999 and thereby the petitioner be paid his consequential benefits e.g. entire retiral benefits as well as arrears thereof.
(3.) The short question involved in this writ petition is that as to whether the punishment order, more precisely, the major punishment order, would be said to be a valid and legal punishment order if it is based on faulty departmental inquiry wherein neither the relied upon the documents had been provided nor any date, time and place for oral inquiry was fixed and no oral inquiry was conducted by the Inquiry Officer?;