H.Katju and D.R.Chaudhary, JJ. - (1.) This writ petition has been filed against the impugned order dated 22/ 23.8.96 (Annexure-1 to the petition) by which the petitioner has been dismissed from the service of the respondents. We have heard learned counsels for the parties.
(2.) The petitioner was an employee of the U. P. Cooperative Spinning Mills Federation Ltd. which is a Government Company. The petitioner was charge-sheeted vide charge-sheet dated 8/10.5.96 and supplementary charge-sheet dated 20.5.96 (Annexures-3 and 4 to the petition). The petitioner denied the charges and sent a reply dated 1.8.96. Thereafter, it is alleged in paragraph 5 of the petition that without fixing any date (or the enquiry and for leading evidence, respondent No. 2. who was appointed as the Enquiry Officer, sent an enquiry report dated 12.8,96 holding that charges 1 to 4 against the petitioner are proved. Copy of the letter dated 12.8.96 is Annexure-6 to the petition. Copy of enquiry report of the same date is Annexure-7 to the petition,
(3.) In paragraph 6 of the petition, it is alleged that against the show cause notice dated 19.8.96. the petitioner sent a reply vide. Annexure-8 to the petition. Thereafter the impugned order dated 22/23.8.96 was passed dismissing the petitioner from service. It is alleged in paragraph 12 of the petition that the respondent Federation is an instrumentality of State within the meaning of Article 12 of the Consititution of India.;