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1997 Supreme(Raj) 786

D.P.WADHWA, SUJATA V.MANOHAR
Nagar Palika, Nataur – Appellant
Versus
U. P. Public Services Tribunal Lucknow – Respondent


Honble MANOHAR, J.–The second respondent was at the material time holding the post of Tax Inspector in the notified area of Nagar Palika, Nataur. On 26.5.1973, the Chairman of the Nagar Palika found Respondent No. 2 sleeping during office hours. The Chairman asked the second respondent and others to submit an explanation as to why they were sleeping during duty hours. The second respondent instead of giving the explanation filed a criminal report against the Chairman at the local police station. The second respondent was suspended from service and was served with a charge-sheet containing nine serious charges. In the charge-sheet, it was stated that Respondent 2 should submit his explanation within 15 days and also that if the second respondent wanted to examine certain witness- es, names of such witnesses should also be mentioned in the explanation. Despite repeated reminders, Respondent 2 did not submit any explanation. Ultimately a letter dated 6.16.1977/11.10.1977 was sent by registered post to the second respondent directing him to submit his explanation to the charge-sheet dated 23.7.1974. Instead of submitting any explanation, Respondent 2 sent a letter in which he de- mande




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