SANTOSH KUMAR Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2009-4-789
HIGH COURT OF ALLAHABAD
Decided on April 09,2009

SANTOSH KUMAR Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

RAJIV SHARMA, J. - (1.) HEARD learned counsel for the parties.
(2.) BY means of the instant writ petition, the petitioner is assailing the order dated 24.6.1999, whereby the petitioner has been removed from service and another order dated 2.2.2000 rejecting the appeal preferred against the removal order dated 24.6.1999. Brief facts of the case are that the petitioner was substantively appointed on the post of Lekhpal on 18.12.1972. On 17.3.1998, the petitioner was placed under suspension and a charge-sheet was served upon the petitioner, to which the petitioner tendered his reply. Thereafter, a supplementary charge-sheet was served upon the petitioner and the petitioner also replied to the supplementary charge sheet. On 10.4.1999, a show-cause notice was issued and the petitioner showed cause on 11.5.1999. By means of order dated 24.6.1999, the petitioner has been removed from service. Against the removal order, he preferred an appeal before the Collection, who also rejected the same on 2.2.2000.
(3.) COUNSEL for the petitioner submits that two F.I.Rs have been lodged against the petitioner on the basis of which the petitioner has been removed from service. He further contends that the allegations contained in the charge sheet of the department and the allegations made in the two First Information Reports are same. He further submits that no date, time and place for holding enquiry, cross examination from the evidences cited in the chargesheets adducing evidence in defence and personal hearing has ever been fixed and communicated to the petitioner and no notice in this respect has been issued to the petitioner at any stage. The next submission of the petitioner's counsel is that the order of removal has been passed without holding enquiry of any kind and without associating the petitioner in any manner whatsoever. In rebuttal, learned Standing counsel has submitted that after initiation of disciplinary proceedings, the petitioner has been removed from service. Further, he submits that the petitioner has requested for cross-examination of witnesses. ;


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