O. N. KHANDELWAL, J.

( 1 ) THE services of the petitioner (who was employee in the Collectorate, Etah) were terminated by the District Magistrate vide order dated 29. 5. 1998 (Annexure 15 to the writ petition ). The appeal preferred against that order was dismissed by the Commissioner Agra Mandal, Agra on 29. 11. 1998 (Annexure 17 to the writ petition) and the claim petition No. 458 of 1999 filed by the petitioner before the State Public Services Tribunal was also dismissed by the impugned order dated 5. 8. 2001 (Annexure 21 to the writ petition ). All these orders have been assailed before this court by means of this writ petition.

( 2 ) PETITIONER was initially appointed on 24. 6. 1976 as Assistant Nanir Waki Navis in Tehsil kashganj District Etah and was posted as Arms clerk I on 24. 12. 1996 in the Collectorate. One sri Hari Ram Rana a B. S. P. worker made a complaint to the District Magistrate that arms licences are being issued illegally in connivance with the Arms clerk. A preliminary enquiry was conducted by Jagdish Sharma, Dy. S. P. Aligarh, who in his report dated 3. 10. 1997 came to the conclusion that the licences issued were genuine but licence holders were fake. Therefore he recommended cancellation/suspension of some of the arms licences. S. D. M. Etah and Pathiya further enquired into the issue who in the report dated 12. 10. 1997 observed that some of the entries in the arms register have been found to be prima facie suspicious. On these reports, the a. D. M. Etah lodged a F. I. R. on 13. 10. 1997 against some of the licence holders and Arm clerks namely Latoori Singh and Babu Lal that forged entries have been made in the Arms register with the connivance of these employees. The case was registered under Sections 419, 420, 467, 468, 471 I. P. C.

( 3 ) THE petitioner Latoori Singh was suspended vide order dated 21. 10. 1997. A chargesheet was issued on 22. 11. 1997, thereupon the petitioner submitted his reply dated 10. 1. 1998. He was directed by the enquiry officer to appear personally before him on 23. 3. 1998 but according to the petitioner neither the enquiry officer was available nor any further date was fixed for hearing. However the enquiry officer submitted his ex parte enquiry report on 4. 4. 1998 and also proposed the punishment of removal from the service.

( 4 ) PETITIONER received a show cause notice dated 7. 4. 1998 issued by the Collector, Etah. The delinquent requested for time and also for inspection of the documents but no order was communicated to him. Therefore he met Collector personally on 6. 5. 1998 and ultimately an order terminating his services was passed on 29. 5. 1998.

( 5 ) AN appeal was preferred before the Commissioner, Agra Mandal, Agra on 27. 7. 1998. As no action was taken, therefore the petitioner sent application dated 11. 11. 1998 making a request for personal hearing. But instead of hearing him, the order dated 29. 11. 1998 was passed upholding the termination order. Thereafter he approached the State Public Services Tribunal with claim petition No. 498 of 1999, that too has been dismissed vide order dated 5. 8. 2001. Under these circumstances, this writ petition has been filed to quash the aforesaid orders of District magistrate, Commissioner and State Public Services Tribunal.

( 6 ) PARTIES have exchanged affidavits and we have heard the learned counsel for the parties.

( 7 ) THE impugned orders have been challenged on various grounds. According to the learned counsel for the petitioner, the main ground to challenge of termination order is that without affording an opportunity of hearing as well as recording any evidence, the enquiry officer prepared an ex parte report behind the back of the petitioner.

( 8 ) IN para 8 and 9 of the writ petition, it has been specifically averred that the petitioner had demanded an opportunity of personal hearing and cross examination from the witness whereupon he was directed to appear personally on 23. 3. 1998 but on that date neither the

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