JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The appellant was posted as Zila Basic Shiksha Adhikari, District Basti in January 2003. The appellant was the In-charge District Basic Education Officer Gorakhpur, when he issued appointment letters to 400 candidates holding B.Ed. degrees to the post of Assistant Teachers in Basic Schools (Primary Schools) in District Gorakhpur and 121 candidates in District Basti during April to June 2003.

2. The State vide Office Order dated 24.07.2003 placed the appellant under suspension, and directed a disciplinary/departmental enquiry to be conducted under the Uttar Pradesh Civil Service (Discipline and Appeal) Rules, 1999. The State appointed the Joint Director, Basic Education as the Enquiry Officer.

The Charge Sheet was filed on 21.08.2003 wherein it was alleged that the appointments of Assistant Teachers made by the appellant were irregular, as they were in violation of Rules 16 and 19(3) of the U.P. Basic Education (Teachers) Service Rules, 1981 (“1981 Rules”).

3. The appellant submitted his reply to the charge sheet on 09.11.2003 denying the