of U.P. & Vs. T.P. Lal Srivastava
 INSC 1176 (20
O R D
notice was sent to the respondent on January 25, 1995, till date neither acknowledge nor unserved
cover has been received back. Under these circumstances, notice must be deemed
to have been served on the respondent. He is set ex parte.
have heard learned counsel for the appellant.
appeal by special leave arises from the judgment of the Allahabad High Court
made on March 15, 1993 in writ Petition No. 12480/87. The
admitted position is that while the respondent was working as a Senior
Marketing Inspector, a charge-sheet was served on him on November 23, 1984 calling upon him to explain the
charges for committing gross irregularities in the movement of wheat outside
the State of U.P. Instead of submitting reply to the
charge- sheet, he went on dilly-dallying in submitting the reply.
letters addressed to the respondent proved ineffective. Resultantly, the
appellants took a decision on June 26, 1987
holding that the respondent was found guilty of misappropriation. Consequently,
he came to be dismissed from service. The respondent challenged the same in the
writ petition. The High Court has set aside the order in the impugned order
holding that the documents have not been supplied to the respondent and,
therefore, the action was vitiated by error of law. We do not find any
justification in the view taken by the High Court; the substratum of the result
is that the appellants have not conducted any enquiry though the respondent had
been avoiding to give the reply.
the respondent had avoided to submit the reply, he has forgone his right to
submit his reply. Nonetheless, the appellants are not absolved of the duty to
hold an ex-parte enquiry to find out whether or not the charge has been proved.
In the event of the Enquiry Officer find that the charge is proved, he would
submit his report to the disciplinary authority. The disciplinary authority should
communicate the copy of the enquiry report to the respondent and seek an
explanation for the proposed action thereon.
respondent submits any explanation, the same may be taken into consideration
and appropriate order may be passed according to law. Until then, the
respondent must be deemed to be under suspension.
appeal is accordingly allowed, but in the circumstances, without costs.
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