SUDHIR AGARWAL,J. - (1.) Heard Sri Amit Kumar Singh, Advocate, for petitioners and Sri V.K. Upadhyay, learned Senior Advocate, assisted by Sri Arun Prakash, Advocate, for respondent-University.
(2.) The Writ Petition No. 21669 of 2004 (hereinafter referred to as "WP-1") under Article 226 of the Constitution of India has been filed by sole petitioner, Ram Jatan, being aggrieved by order dated 26.11.1996 (Annexure-5 to WP-1) imposing punishment of dismissal and order dated 07.01.2004 (Annexure-9 to WP-1) communicating him that his appeal has been rejected and punishment imposed vide order dated 26.11.1996 has been upheld.
(3.) Facts in brief, giving rise to present dispute, as pleaded in WP-1, are that petitioner was appointed as Farrash in 1977 in Banaras Hindu University (hereinafter referred to as "BHU") and posted to work in Vishwanath Temple situated in Campus of BHU. An incident of theft occurred in the intervening night of 26/27.03.1996 in the Garbh-Grih of Vishwanath Temple situated in Campus of BHU in respect whereof a First Information Report was lodged under Sections 457, 380, 411 I.P.C. by Ram Auatar, an employee of BHU against petitioner and four others. Petitioner was placed under suspension vide order dated 29.03.1996 passed by Registrar, BHU exercising power under Section 4(5)(a) of Statute of BHU. A charge-sheet dated 10/12.04.1996 was issued containing a charge that he was indulged in theft, in the Temple, committed on 26/27.03.1996 and in the past also he was indulged in such type of thefts which he has admitted. Entire charge levelled against petitioner reads as under: "1. On 26/27 March, 1996 Sri Ram Jatan Singh, Farrash, along with some other persons associated with Sri Vishwanath Temple, entered the Garbhagrih (sanctum sanctorum) of Sri Vishwanath Temple, Banaras Hindu University with an intent to commit theft. 2. During the joint raid of security personnel of the University and the local police, Sri Ram Jatan Singh, Farrash was caught red handed along with other accomplishes while committing theft in the Garbhagrih and a cash amount of Rs 1808.50 was recovered. 3. While being interrogated by the police, Sri Ram Jatan Singh, Farrash has confessed his involvement in similar thefts over the past seven-eight years (on every Tuesday) and also having duplicate keys for the said act. ;