JUDGMENT :

1. The petitioner who was posted as a Lekhpal in Kshetra -Nakela, Tehsil-Biswan, District-Sitapur was suspended on 26.11.1991. A charge sheet issued by the Sub Divisional Magistrate, Biswan District -Sitapur was served upon him on 31.12.1991. Upon receiving the charge sheet on 2.1.1992, the petitioner prayed for time for submitting his reply on 16.1.1992. When in the meantime on 10.2.1992, the enquiry office who was appointed by the Sub Divisional Officer, namely, the Naib Tehsildar Biswan, Sri Virendra Bahadur had lodged a First Information Report against the petitioner, he submitted an application to the Sub Divisional Magistrate Biswan with a request that the enquiry officer, namely, Sri Virendra Bahadur be changed. This application was filed by the petitioner on 17.2.1992. However, on 18.2.1992 Sri Virendra Bahadur, who was sought to be changed, in pursuance of the earlier application filed by the petitioner for the extension of time, extended the time to file the reply to the charge sheet up to 25.2.1992. However, this letter never reached the petitioner and, therefore, while the petitioner was still waiting for the extension of time to submit his reply and also for