Rajeshwari, Prasad, J. - (1.) This is a petition under Article 226 of the constitution of India in which prayer has been made that by means of a writ of certiorari, the order of the Registrar of the Allahabad dated 1st September, 1965, and the order of Hon'ble the Chief Justice of this Court dated 25th September, 1965 be quashed. It has also been prayed that a writ of mandamus directing the Registrar of the High Court, Allahabad not to realise a sum of Rs. 1174/- from the petitioner during the pendency of the writ petition be also issued. The petitioner has further prayed that this Court be pleased to reinstate the petitioner to his post. The Division Bench which admitted the writ petition expressed the view that the petition deserves to be considered by a Division Bench. This is how this writ petition has come up for hearing before us.
(2.) The petitioner Babu Lal was appointed as Daftri in the year 1959 in the High Court of Judicature at Allahabad and was confirmed and absorbed in permanent cadre in accordance with the Allahabad High Court Condition of service (Staff) Rules 1946. He was attached to the dispatch Department for a long time. On 31st October, 1964; Mr. K. B. Seth, Assistant, dispatch Section sent a note to Assistant Superintendent, Judicial Department saying that 58 registered notices were sent by the writ Section on 29th October, 1964 but the same were not available. It was also said in the report that the petitioner had locked the almirah of the section. Sri. V. N. Mehrotra, Assistant Superintendent, Judicial Department directed that a search be made and the matter be reported to him thereafter. On 13th November, 1964, Sri. K. B. Chhaturvedi had made a report to the Munsarim, Writ Section pointing out the loss of 25 notices of 25 different cases, which were sent to the dispatch Section through the peon of Writ Section. It was also pointed out that on the next day, the dispatcher refused to give his signature on the dispatch register on the plea that he had not received the notices. According to the peon of Writ Section, the notices were kept in the almirah of the dispatch section in the presence of Sri Ram Chandra, an Assistant of dispatch section, and Babu Lal Daftri (the petitioner) in the said section.
(3.) A report was then sought for from the petitioner, who submitted the same. Sri V. N. Mehrotra, Assistant Superintendent, Judicial Department thereafter reported that the petitioner was responsible for the missing postage stamps, postal receipts and the bundle containing 58 registered notices of the writ section. According to the petitioner, this report of Sri Mehrotra could not form the basis of the enquiry, which has resulted in the termination of the petitioner's services. Mr. Mehrotra had failed to mention the duties of the Daftri. Shri Amarnath Kapur, Deputy Registrar, High Court in his report dated 19th November, 1964 made to the Registrar, expressed the view that it had become difficult to fix the responsibility of loss on any person. Shri S. K. P. Joshi Deputy Registrar made enquiries regarding the distribution of work among the dispatchers, whereupon Shri Mehrotra gave a reply in which he did not specify the various duties which were to be performed by the Daftri. That reply of Mr. Mehrota was entirely malicious and vague and was made with a view to rope in the petitioner, if and when an occasion arose. Mr. Mehrotra himself had laid the responsibility on the petitioner in his report even though there was no direct evidence against him. It was on the basis of the recommendation of Mr. Mehrotra that enquires were started against the petitioner According to the petitioner there was deliberate attempt to minimise the responsibility which are enforced on. Sri K. B. Seth, who according to the petitioner, was a puppet in the hands of Mr. Mehrotra and the Deputy Registrar Sri Kapoor.;