A.N. Verma, J. - (1.) This petition has been filed by the State of Uttar Pradesh and the Deputy Director of Agriculture, Meerut Region, Meerut, against the order passed by the Uttar Pradesh Public Service Tribunal No. 3, Lucknow, upon a claim petition No. 198(F)III/78 filed by Hansraj Singh, respondent 2, against the order, dated 11 February 1975, dismissing him from service passed by the Director of Agriculture, Uttar Pradesh. The Tribunal has by the impugned order allowed the claim petition and set aside the impugned order but left it open to the department to institute fresh proceedings on the charge-sheet issued to the claimant by the Deputy Director of Agriculture in accordance with the rules laid down in the C C.A. Rules.
(2.) The Tribunal has allowed the claim petition on the ground that the enquiry proceedings initiated against respondent 2 - Hansraj Singh, who was holding a post in the Uttar Pradesh Subordinate Agriculture Service, Group II, were vitiated being contrary to the aforesaid rules from the stage of the serving of a charge-sheet by the Deputy Director of Agriculture upon him onwards.
(3.) The undisputed facts are that respondent 2 was placed under suspension by an order of Deputy Director of Agriculture. Subsequently, a charge-sheet was served on respondent 2, by the same officer. Thereafter, the Director of Agriculture, Uttar Pradesh, appointed the Deputy Director of Agriculture to enquire into the charge framed by the Deputy Director of Agriculture. The Deputy Director of Agriculture enquired into the charges and submitted a report to the Director of Agriculture who issued a second show-cause notice which was then mandatory under Article 311 of the Constitution as it stood at the relevant time. Respondent 2 submitted his answer to the show-cause notice after which the Director of Agriculture passed the impugned order dismissing respondent 2 from service. Aggrieved by this order, respondent 2 filed the aforesaid claim petition.;