By the Court.—The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the order dated 6.10.1999 (Annexure-6 to the Writ Petition), the order dated 16.5.2000 (Annexure-8 to the Writ Petition), the order dated 3.10.2003 (Annexure-11 to the Writ Petition) and the order dated 4.8.2004 (Annexure-13 to the Writ Petition), and further, for issuance of writ, order or direction in the nature of mandamus directing the respondents to reinstate the petitioner in service with all consequential benefits to which he is entitled.

2. As per the averments made in the writ petition the petitioner was appointed on the post of Palledar (Class-IV) by the Assistant Commissioner Shasakiya/respondent No. 3; and that the post of Palledar is now re-designated as ‘Sewak’; and that the petitioner was confirmed on the said post by the Competent Authority.

3. By the order dated 21.9.1998, the petitioner was placed under suspension by the respondent No. 5. Disciplinary proceedings were initiated against the petitioner, and a charge-sheet dated 18.3.1999 was served on him. Copy of the said charge-sheet has been filed as Annexure-1 to the Writ Petition.

4. A perusal of the said charge-sheet shows that Charge No. 1 against the petitioner was regarding assaulting R.S. Gangwar, Assistant Commissioner (Vi.Anu.Sha.), Dwitiya Ikai, NOIDA with fist on 18.9.1998 thereby causing injury in the hand of the said R.S. Gangwar.

5. Charge No. 2 was regarding tampering with the attendance register when the petitioner came late or was absent.

6. Charge No. 3 was regarding the petitioner being habitual of such misconduct and indiscipline. Reference was made to the order dated 12.3.1985 whereby the petitioner was given ‘Censure’ entry and his two annual increments were stopped with cumulative effect condemning his work and conduct.

7. Charge No. 4 was regarding the acts of the petitioner in getting Form No. 31 passed in wrongful manner during the year 1992-93 when he was posted at Check Post, Mohan Nagar, which resulted in stoppage of three increments of the petitioner with cumulative effect. The petitioner was accordingly charged for being habitually indisciplined and doing wrongful acts.

8. After giving opportunity to the petitioner, the Inquiry Officer submitted his Inquiry Report dated 13.9.1999.

9. It may be mentioned that during the course of hearing of the present Writ Petition, learned Standing Counsel produced the original record regarding the enquiry against the petitioner.

10. We have perused the Inquiry Report available on the said record produced by the learned Standing Counsel.

11. A perusal of the Inquiry Report shows that the Inquiry Officer in the said Report, inter alia, concluded that as per the own admission of the petitioner, he had altercation with the said R.S. Gangwar on 18.9.1998. The Inquiry Officer further noted that the said R.S. Gangwar lodged First Information Report against the petitioner on 18.9.1998, and got himself medically examined also. Copies of the First Information Report as well as the medical examination report were produced before the Inquiry Officer.

12. The Inquiry Officer further noted the past conduct of the petitioner as indicated in various charges mentioned in the charge-sheet and concluded that the behaviour of the petitioner was not normal and he was quarrelsome by nature. The conduct of the petitioner (Sewak) was not such as could be expected of any Class-IV employee, and it was absolutely necessary that the petitioner be punished for his conduct.

13. The Inquiry Officer suggested punishment of stoppage of three increments with cumulative effect.

14. The Disciplinary Authority [respondent No. 5-Assistant Commissioner (Admin.), Trade Tax, NOIDA] on a detailed consideration of the Inquiry Report awarded punishment of dismissal from service to the petitioner by the order dated 6.10.199