IMPORTANT POINT
Dismissal cannot be ordered without a full-fledged enquiry.

JUDGMENT :

R. BANUMATHI, J.

1. This appeal arises out of the judgment dated 06.05.2016 passed by the High Court of Judicature at Allahabad in Special Appeal Defective No.347 of 2016 in and by which the High Court has allowed the appeal filed by the respondent setting aside the dismissal order passed against the respondent.

2. Brief facts which led to filing of this appeal are as under:-

The respondent-employee was working as Lekhpal in the Revenue Department of the Government of U.P. since the date of his appointment with effect from 16.01.1990. During the respondent’s posting as Lekhpal in District Mainpuri, the respondent was suspended vide order dated 17.05.2008 by the Sub-Divisional Magistrate, Mainpuri District. A charge sheet dated 01.07.2008 was issued by the appellant against the respondent wherein seven specific charges of irregularities and illegalities committed by the respondent by misusing his position were framed against him. It is alleged that in order to save himself from the charges, during the course of disciplinary proceedings, the respondent is alleged to have removed number of pages of the Zild Bandobast from the official records pertaining to the village Sansarpur, District Mainpuri and a supplementary charge sheet dated 18.08.2008 was also issued containing three charges. The Enquiry Officer, Tehsil-Karhal, District Mainpuri, conducted enquiry and submitted his enquiry report on 09.12.2008 to the Disciplinary Authority/Sub-Divisional Magistrate, Karhal, District Mainpuri holding that all the ten charges framed against the respondent were proved. The Disciplinary Authority issued a notice dated 17.12.2008 to the respondent directing the respondent to show cause as to why he should not be dismissed from service. In response to the said show cause notice dated 17.12.2008, the respondent personally appeared before the Disciplinary Authority and made oral submissions and requested time up to 15.01.2009 for submitting the necessary reply and the documents. Despite the time having been granted to the respondent, it is alleged that the respondent failed to substantiate his arguments and reply. The appellant alleges that instead of appearing before the Disciplinary Authority, the respondent started pressurizing the authorities by making complaints to Scheduled Castes/Scheduled Tribes Commission. The Disciplinary Authority passed an order of dismissal dated 07.02.2009 dismissing the respondent from service.

3. Aggrieved by his dismissal, the respondent preferred appeal before the Appellate Authority/District Magistrate, Mainpuri and his appeal was dismissed by order dated 15.01.2010 confirming the order of dismissal passed by the Disciplinary Authority. Aggrieved, the respondent filed writ petition in WP No.20492 of 2010 before the High Court. The said writ petition was dismissed vide order dated 16.04.2010 observing that the respondent has alternative remedy to file the revision before the Revisional Authority/Principal Secretary (Revenue), Government of UP. Thereafter, the respondent preferred the revision before the aforesaid authority which also came to be dismissed vide order dated 20.06.2011.

4. Being aggrieved, the respondent filed WP No.38583 of 2011 before the High Court challenging the order of dismissal passed by the Disciplinary Authority and the order dismissing his appeal as well as the revision. The learned Single Judge vide order dated 19.02.2016 dismissed the writ petition holding that the respondent has committed serious illegalities and irregularities while he was in service. The learned Single Judge held that the respondent is alleged to have issued false certificates and have made false entries in the revenue records in the name of various persons and he was also alleged to have illegally mutated some lands which were recorded in the name of Gram Smaj in the name of his family members.

5. Aggrieved by the dismissal of the writ petition, the respondent filed the special appeal before the High Court. T