( 1 ) HEARD Sri N. K. Pandey appearing for the petitioner and Sri Rajni Kant Tiwari, learned standing counsel.

( 2 ) COUNTER and rejoinder-affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided.

( 3 ) THIS writ petition has been filed by the petitioner praying for quashing of the order dated 26th august, 1996, passed by respondent No. 1 and the enquiry report dated 30th March, 1995 and 22nd November, 1995. A writ of mandamus has further been prayed for direction to the respondents not to give effect to the order dated 26th August, 1996.

( 4 ) THE facts of the case as emerge from the pleadings of the parties are : the petitioner was appointed on 1st July, 1963, in the Sales Tax Department on a class III post. He was confirmed in 1974. From 1979 to 1986, the petitioner was posted as Noter and Drafter in district Sultanpur. In 1986, he was promoted on the post of Senior Assistant and was transferred. A charge-sheet dated 18th December, 1990, was issued to the petitioner levelling three charges. Copy of the charge-sheet has been filed as Annexure-6 to the writ petition. Charge Nos. 1 and 2 were to the effect that