Ram Surat Ram (Maurya), J. - (1.) Heard Sri Shesh Kumar Srivastava along with Sri Vishnu Swaroop Srivastav, for the petitioner and Sri Sanjay Kumar Tripathi, for respondent-2.
(2.) The writ petition has been filed for quashing order of Nagar Ayukt (respondent-2) dated 15.03.2017, terminating Raj Kamal, adoptive father of the petitioner, from service and for mandamus directing the respondents to appoint the petitioner on suitable post on compassionate ground.
(3.) Raj Kamal, adoptive father of the petitioner, was appointed as 'Peon' in Nagar Nigam, Gorakhopur and was made permanent on 16.12.2014. It has been stated that Raj Kamal fell ill seriously on 26.05.2016 as such he could not attend his duty since 28.05.2016, without information. Nagar Ayukt, by order dated 26.08.2016, initiated disciplinary proceeding against Raj Kamal, for his continuous absence from duty without information and appointed Account Officer as Inquiry Officer. He issued charge sheet against Raj Kamal. It is stated that charge sheet could not be served upon Raj Kamal as such publication in this respect was made in newspaper on 26.11.2016. Raj Kamal then received charge sheet on 09.11.2016 and submitted his reply that he was suffering from serious illness due to which he could not attend his duty and also requested to grant medical leave. Inquiry Officer submitted Inquiry Report dated 07.01.2017, holding Raj Kamal as guilty for absence from duty without information since 28.05.2016 and was not doing control-room duty on 15.06.2016.;