Ketan Priyadarshee

State of U.P. v. Megh Singh (D) through LRs.

22.07.2019: Impugned Order dismissing Special Appeal
17.01.2022: Delay condoned, issue notice. Stay on HC order subject to payment of 50% of
benefits due to the LR of the deceased.
29.08.2023: 4 weeks time granted to file rejoinder in the Petitioner

09.06.1965 The Respondent was appointed as Kamdar at Muzaffar Nagar. The

Initial performance of the Respondent was found substandard and committed
Appointment multiple irregularities. His services were subsequently terminated.

01.11.1972 Respondent re-appointed in office of District Cane Officer Bijnor.

Re-appointment

07.02.1978 Multiple complaints filed against the Respondent for fraudulent distribution
Complaints filed of fertilisers. Respondent ordered to check records but absconds.

08.02.1978 FIR filed against the Respondent for fraudulent distribution of fertilisers and
14.02.1978 disappearing from service.

19.02.1978 Suspension from service vide order of the District Cane Officer.

30.09.1978 Inquiry Officer vide Letter No. 767 dt. 30.09.1978 issued show-cause notice
SCN by IO to the accused officer on the charges levelled against him.
Offer for hearing/examination @ page 17.
[Annex. P/1 @ 14-17]

08.12.1978 Respondent submits his response to the show-cause notice issued by the
Reply to SCN Inquiry Officer.
No reply to offer for examination.
[Annex. P/2 @ 18-20]

09.04.1979 Personal hearing of Respondent

Inquiry Report submitted with detailed analysis of charges.
[Annex. P/9] Copy of Personal Hearing
[Annex. P/10] Inquiry Report (Letter No. 2225)

15.05.1979 Formal defence statement (see P/3 @ 21, no other documentary evidence).

28.05.1979 District Cane Officer, Muzaffar Nagar imposes recovery and terminates
Termination of service of the Respondent.
service [Annex. P/3 @ 21-22]

17.12.1979 Respondent convicted by the 1st Special Judicial Magistrate, Muzaffar

Criminal Nagar u/s 467 IPC.
Conviction
10.07.1980 Appeal filed before the 5th ADJ was dismissed.

21.10.1980 Respondent moves the HC which upholds conviction under Section 467 and
Criminal reduced the sentence to already undergone and a fine of Rs. 1000.
Conviction [Annex. P/4 @ 23-24] HC upholds conviction but reduces sentence.
upheld by HC

11.11.2002 Appeal before the Deputy Cane Commissioner, Saharanpur rejected.

10.09.2003 Representation before Cane Commissioner, Lucknow rejected vide Order

No. 2203-05.
[Annex P/5 @ 25-27]

2003 Respondent moves HC in CMWP No. 56437 of 2003 praying for quashing
Writ Petition of orders of termination:
against order of a. Cane Commissioner, Lucknow dt. 10.09.2003
termination b. Deputy Cane Commissioner, Saharanpur dt. 11.11.2002
c. District Cane Officer, Muzaffar Nagar dt. 28.05.1979
Grounds raised in this petition were as follows:
a. No proper opportunity to be heard by the Inquiry Officer.
b. Copy of Inquiry report not served.
[Annex P/6 @ 28-43]

27.03.2019 All. HC allows the WP and quashes the orders as prayed for on the
Termination set following grounds:
aside a. State failed to submit proof of oral hearings.
b. Punishment cannot be sustained without holding oral enquiry
[Annex. P/7 @ 44-51]

22.07.2019 Special Appeal moved by Petitioner state is dismissed on the ground that the
Setting aside of alleged admission of guilt is merely a clarification issued by the
termination Respondent.
upheld Hence, the present SLP.
[Annex. P/8 @ 52-62] Special Appeal (Incomplete)
Impugned Order @ 1-2