- (1.) Heard learned Standing Counsel appearing for the petitioner, Shri Shiv Nath Goswami, learned counsel for the respondent and perused the record.
(2.) Facts in brief of the present case are that claimant/respondent no.1 was placed under suspension vide order dated 16.10.2002 on the allegations of loss of Government revenue during his tenure from 20.06.1998 to 25.07.2000 while he was posted as Trade Tax Officer, Grade-II at Raebareli and for dereliction in duty. On 24.10.2002 charge sheet was issued to the claimant/respondent no.1 and four charges were levelled against him but the requisite documents were not enclosed with the charge sheet. The copies of documents relied upon in support of charges were made available to the claimant/respondent bo.1 for perusal on 26.02.2003 but not supplied as evidence cited in the charge sheet. Thereafter, the enquiry proceeding was initiated by the Enquiry Officer.
(3.) As per case of the claimant/respondent no.1, no date, time and place were fixed by the Enquiry Officer for conducting the enquiry nor the claimant/respondent was ever called for oral enquiry. The claimant/respondent no.1 was also not afforded an opportunity to cross-examine the witnesses during the course of enquiry. On 24.06.2003 the Enquiry Officer submitted his enquiry report and thereafter a notice dated 08.07.2003 along with copy of enquiry report was served upon the claimant/respondent to submit his reply. The claimant/respondent no.1 submitted his reply dated 04.08.2003.;