On receipt of that numberice, the respondent wrote to the Government requesting that he may be allowed time upto July 31, 1949 to show cause against the proposed punishment.
Sd Bhagwan Sahay Chief Secretary.
Next morning the girl expressed desire to go with her father who came to receive her at your house but you did number allow her to do so and again sent back the girl to the house of Hafiz Habib Beg.
Despite this warning, the respondent did number show cause against the proposed punishment.
As a result of the aforementioned order another round of litigation started which has culminated in this appeal.
This decision was upheld in appeal both by the High Court as well as by this Court.
Civil Judge, Allahabad on various grounds.
Thereafter Mr. Bishop held an enquiry on the basis of those charges in the presence of the respondent He came to the companyclusion that the respondent was guilty of all the charges though he found that there is numberpositive evidence of any immoral act on bis part The Government accepted those findings and after obtaining the companycurrence of P.S.C. dismissed the respondent.
That on or about August 15, 1944, one Mst.
Thereafter the Government proceeded ex parte.
Lal to be escorted to your house by your orderly Jangu Khan.
Jamila was presented before you in Court by the police under a warrant under Section 100, Cr.
By that numberice he was required to show cause against the proposed punishment by May 31, 1949.
The respondent challenged the impugned order in Civil Suit No.
That order reads thus Government of the United Provinces Appointment A Department.
He was told that numberfurther time will be given to him and if he failed to show cause by that time, it will be deemed that he has numbercause to show.
That in all these three cases you companyducted yourself in a manner unbe companying of an officer of the U.P.C.S. and, therefore, you are asked to show cause why you should number be dismissed from service.
On 17th of August you sent for Mst.
You sent away Puttu Lal and detained Mst.
Notification Dated Lucknow, August 30, 1949 With effect from August 30, 1949, Shri Om Prakash Gupta, Deputy Collector, under suspension is dismissed from service.
It accepted the report of the enquiry officer, came to a tentative companyclusion that the respondent should be dismissed it companysulted the Public Service Commission afresh and dismissed the appellant by its order dated August 30 1949.
P.C. You directed Mst.
On the other hand he challenged the Governments right to call upon him to show cause against the proposed punishment as he proposed to file an appeal against the order of the trial Court in so far as that Court did number uphold his companytention that the enquiry held by Mr. Bishop was wholly vitiated.
That on or about August 10, 1944, the police, on the companyplaint of one Puttulal produced before you one Mst.
Gunga and Puttu.
These charges were duly served on the respondent.
When the girl was brought to your house you asked the people accompanying her to stay outside and took the girl alone inside your house under the I pretext of recording her statement and detained her there for two hours evidently to use her for immoral purposes.
At about the same time it issued a numberice to the respondent calling upon him to show cause why he should number be dismissed from service on the basis of the findings reached by the enquiry Officer.
Thereafter he was companyfirmed in due companyrse.
That sometime in the last week of July, 1944, a girl named Taqderan was produced before you under a warrant of arrest issued by you under Section 100, Cr.
14 of 1953 in the Court of II Addl.
The learned Judge who tried the suit set aside the order of dismissal on the sole ground that a second show cause numberice as required by Section 240 of the Government of India Act, 1935 had number been given.
P.C. You did number decide the case on the 15th August but postponed it to the 19th August 1944 making over the girl to the custody of one Hafiz Habib Beg.
On the basis of a report submitted by his Deputy Commissioner on August 20, 1944, the Government placed him under suspension on August 23, 1944.
After serving in some districts in U.P. he was posted to Lakbimpur Kheri in July, 1944.
P.C. but you asked the parties to present the girl after companyrt hours at your house.
He joined there as S.D.O. on July 20, 1944.
On April 12, 1949, the Government set aside the order of dismissal made by it on November 25, 1944.
He framed the following four charges against him.
Gunga alone at your house for about two hours evidently to use her for immoral purposes.
That numberice was served on the appellant on April 30, 1949.
The respondent thereupon filed a suit on December 4, 1948, challenging on various grounds, the validity of the order dismissing him.
But the Government granted him time only upto June 25, 1949.
Jamila from the house of Hafiz Habib Beg at about 7 p.m. through your orderly Jangu Khan and detained the girl at your house for immoral purposes.
