S.D. Agarwal, J. - (1.) The petitioner Mahabir Singh Gaur was appointed as a Lascar on the 29th April, 1964 at the Air Force Station, Bareilly. He was made quasi permanent on the said post with effect from 1st July 1967. On the 16th August 1971 a charge-sheet was issued to the petitioner under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The charges were to the effect that the petitioner while functioning as Lascar in Air Force Station, Bareilly during the period 1968-71 improperly claimed children education allowance in the name of Anil Kumar, Punam Kumari and Nilain Kumari as his children on the plea that they were studying in the Municipal Board Junior Basic School, Shahabad Gate, Bareilly whereas the said persons were not on the rolls of the said school. He was further charged to the effect that during the above period the petitioner forged certificate purported to have been issued by the school mentioned above and that he fraudulently drew Rs. 600 as children education allowance by referring false claims. The petitioner was also suspended by an order of suspension dated 13th September 1971.
(2.) An inquiry was conducted into the charges against the petitioner and ultimately by an order dated 5th August 1972 the Commanding Officer, No. 15 Wing, Air Force, dismissed the petitioner with effect from 5th August 1971 and further directed a penal deduction of Rs. 630 against him. The petitioner filed an appeal against the said order. By order dated 9th November, 1972 the appellate authority modified the penalty awarded by the Commanding Officer. The dismissal from service was, however, maintained. The order of the appellate authority was communicated to the petitioner by letter dated 15th November 1972. The petitioner has challenged the orders of dismissal dated 5th August 1972 and the order dated 15th November 1972 in the present petition under Article 226 of the Constitution of India.
(3.) The only point which has been urged by the learned counsel for the petitioner is that under rule 14, sub-clause (8) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 the petitioner was entitled to take the assistance of any other Government servant to person his case. He was denied this assistance thereby denying him an opportunity of defending the charge levelled against him and as such the whole proceedings beginning from the inquiry till the final order of dismissal are liable to be quashed.;