RAM AVATAR SWARANKAR Vs. SUB DIVISIONAL AGRICULTURAL EXTENSION OFFICER KARVI CHITRAKOOT
LAWS(ALL)-1999-9-213
HIGH COURT OF ALLAHABAD
Decided on September 28,1999

RAM AVATAR SWARANKAR Appellant
VERSUS
SUB-DIVISIONAL AGRICULTURAL EXTENSION OFFICER, KARVI, CHITRAKOOT Respondents

JUDGEMENT

O.P.Garg, J. - (1.) The petitioner Ram Autar Swarnkar was a Junior Clerk in the office of Sub-Divisional Agriculture Extension Officer, Karvi at Chitrakoot. He was placed under suspension on 29.5.1998 in contemplation of departmental enquiry. Ramesh Chand Shukla, District Agriculture Officer, respondent No. 2 was appointed enquiry officer. A charge-sheet dated 30.6.1998 was served on the petitioner on 2.7.1998. There were as many as 12 charges against the petitioner. He submitted a detailed reply to each one of the charges on 18.8.1998. A report of enquiry dated 28.9.1998 was submitted by the enquiry officer-respondent No. 2. A copy of the report of enquiry is Annexure-14 to the writ petition. A notice was issued to the petitioner on 22.1.1999 to show cause and ultimately after taking into consideration the reply submitted by the petitioner, he was removed from service on 27.1.1999, a copy of which is Annexure-16.
(2.) The order of removal dated 27.1.1999 has been challenged by the petitioner on variety of grounds and it is prayed that it may be quashed and the respondent No. 1 be directed to pay arrears of salary w.e.f. 1.5.1998 onwards.
(3.) Counter and rejoinder-affidavits have been exchanged. Heard Dr. R. G. Padia, learned counsel for the petitioner and learned standing counsel. In the counter-affidavit, it has been maintained that the order of removal of the petitioner from service has been rightly passed after certain serious charges of misdemeanor and misconduct on his part have been substantiated. It was maintained that the enquiry has been conducted in accordance with the procedure prescribed by law and since the order of removal is commensurate to serious charges established against the petitioner, no interference under Article 226 of the Constitution of India is warranted.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.