Ajit Singh, J. - (1.) THIS Intra Court Appeal is directed against the order dated 28.10.2013 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's Single Bench Civil Writ Petition No. 2163/2007 confirming the order of dismissal from service as passed by the Disciplinary Authority and also the Appellate Authority.
(2.) THE facts in short are that on 27.4.2004 the appellant while working on the post of Senior Personal Assistant in the Office of Director, Prosecution was served with a charge sheet. The charge of misconduct levelled against him was that he had received Rs. 35,000/ - in two instalments of Rs. 15,000/ - and Rs. 20,000/ - from Sikander Mohammad for securing him employment and on a complaint being made to the Chief Minister, he returned the amount. The Disciplinary Authority thereafter appointed Shyam Lal Sharma, Deputy Director, Prosecution (Headquarters) as Enquiry Officer. The appellant submitted his reply dated 30.3.2005 to the charge sheet and stated that he had been falsely implicated. On 29.7.2005 the Disciplinary Authority changed Shyam Lal Sharma and appointed Gordhan Lal Meena, Additional Director, Prosecution (Judicial) as new Enquiry Officer. On 27.7.2005 Sikander Mohammad (complainant) and his father Rashid Mohammad sent their affidavits to the Enquiry Officer deposing therein that they did not want to give any evidence and also did not want any further proceedings in the matter. The appellant then made a representation dated 24.8.2005 for dropping the enquiry proceedings. The Enquiry Officer instead adopted coercive methods by issuing bailable warrants against the witnesses for ensuring recording of their statements. The statements of complainant Sikander Mohammad and Rashid Mohammad were recorded on 17.10.2005.
(3.) ON 29.1.2006 the Presenting Officer submitted an application before the Enquiry Officer admitting that complainant and his father had turned hostile and that the charge was proved against the appellant on the basis of statements recorded by an Enquiry Officer during the preliminary enquiry. Gordhan Lal Meena submitted his enquiry report on 25.3.2006, a copy of which appellant says was never supplied to him despite his request.;