AJAI PAL SINGH Vs. DISTRICT PANCHAYAT RAJ ADHIKARI

JUDGEMENT

(1.) This writ petition has been filed against the impugned termination order dated March. 5, 1992 (Annexure 6 to the writ petition). I have heard Sri D.B. Yadav, learned Counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner was appointed on October. 10, 1977 as Panchayat Raj Adhikari and was confirmed on April. 19, 1989. There was some complaint against him and the B.D.O. Shikohabad made a preliminary inquiry and submitted a preliminary report on January 1, 1991 against the petitioner. The petitioner was then charge-sheeted and the same B.D.O. who had submitted the preliminary report was appointed the Inquiry Officer and he submitted the charge-sheet dated October 1, 1991 vide Annexure-1 to this writ petition. In this inquiry the petitioner was found guilty, consequently his service was terminated.

(3.) Learned Counsel for the petitioner submitted that the rules of Natural Justice have been violated since the person holding the preliminary inquiry has also held the regular inquiry. This petition was admitted on April 20. 1992 but no counter affidavit has been filed and hence I am presuming the allegations in the petition to be correct.