Irshad Ali, J. - (1.) Heard Sri Alok Kirti Mishra, learned counsel for the petitioner and Sri Vinayak Saxena, learned counsel for the respondent-S.G.P.G.I.
(2.) The present petition has been filed challenging the order dated 21/28.09.2007 passed by the opposite party no.1 whereby the service of the petitioner has been dismissed after holding an enquiry in the matter relating to the theft that was alleged to have been committed in the Sanjay Gandhi Post-Graduate Institute of Medical Sciences, Rae Bareli Road, Lucknow (hereinafter referred as S.G.P.G.I.).
(3.) As per the averments made in the writ petition, the petitioner was initially appointed as Patient Helper in the Sanjay Gandhi Postgraduate Institute of Medical Sciences, Raebareli Road, Lucknow in the year 1992 and continued to function as such. Subsequently, he was regularized on the same post. While being posted in the said place, a first information report was registered on 24.04.2000 by one Sri A.K. Chandola, Store Purchase Officer, S.G.P.G.I. that a theft had occurred in the intervening night of 22/23.04.2000 by certain unknown persons. It has been stated in the petition that the petitioner was placed under suspension on 01.05.2000 on the basis of information supplied by the police regarding stolen medicines. He was served with the copy of charge-sheet dated 04.07.2001 containing six charges with regard to the aforesaid theft that had occurred in the Cath Lab, in the S.G.P.G.I. The said charge-sheet was based on the police report that had been filed with regard to the said theft. The petitioner submitted his reply dated 11.07.2001 denying the charges that had been levelled against him. In pursuance thereof, enquiry proceedings were initiated and were concluded by means of the enquiry report dated 04.08.2000, which were however, dropped on account of the fact that the enquiry proceedings against the petitioner could not be conducted as he was in jail and the police action was also going on. Against the order of suspension dated 1.5.2000, the petitioner filed Writ Petition No.213 (SS) of 2007 before this Court, which was dismissed, against which he filed Special Appeal No.188 of 2007 which was disposed of with the direction to complete the enquiry within ten weeks.;