JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

The facts of the present case reveal that a person who initiated he disciplinary proceedings against the appellant for disobeying his own orders; appointed his subordinate as an inquiry officer; appeared as a witness in the proceedings to prove the charges of disobedience of his orders; accepted the enquiry report; and further passed the order of punishment - i.e. dismissal of the appellant from service. The question does arise as to whether such a course is permissible in law.

2. This appeal has been preferred against the judgment and order dated 12th July, 2007 passed by the High Court of Allahabad (Lucknow Bench), dismissing the Writ Petition No. 782 of 2007 filed by the appellant against the judgment and order of the U.P. State Public Services Tribunal, (hereinafter referred to as the ‘Tribunal’) Lucknow dated 25th May, 2007, by which the Tribunal dismissed the Claim Petition No. 837 of 2003 filed by the appellant and upheld the order of dismissal of the appellant from service by the Statutory Authorities.

3. Facts and circumstances giving rise to this case are that the appellant was appointed as a Constable in the Provincial A