Judgment :- Yatindra Singh And Ran Vijai Singh, JJ. The petitioner was an employee of U.P. Co-operative Spinning Mills. Federation Ltd. Kanpur (The Federation). He was posted as Finance Controller Sitapur Sahkari Katai Mills Ltd. Mahmoodabad, Sitapur. He was transferred to the Federation Camp Office at Kanpur on May 15, 1996. The petitioner joined at Federation Camp Office at Kanpur on May 24, 1996 and applied for leave. According to the petitioner, thereafter he fell ill and sent a telegram along with the medical certificate for leave. 2. It appears that the Federation was not satisfied with the medical certificate submitted by the petitioner. They directed the petitioner to appear before Dr. Hari Mohan Kansal at, Government T.B. Clinic, Kanpur on July 29, 1996. According to the petitioner, he appeared before Dr. Hari Mohan Kansal at T.B. Clinic Kanpur and got himself medically examined. However, the petitioner received charge-sheet: on November 15, 1996 alleging two charges; Charge No. 1 was to the effect that the petitioner was not joining the office and appeared to be working somewhere else; Charge No. 2 was to the effect that the petitioner did not appear before Dr. Hari Mohan Kansal on July 29, 1996. 3. The petitioner filed his reply on December 1, 1996. Alongwith his reply he also annexed the pathological advise by Doctor Hari Mohan Kansal and also receipt of Rs. 350/- to prove that he was examined. The enquiry report was also submitted by the Enquiry Officer. The petitioner was given show cause to reply the same. He submitted his reply on March 3, 1997. However, the petitioner was dismissed by order dated March 5, 1997. He filed an appeal that was dismissed on November 15, 1997. Hence, the present writ petition. 4. Wehave heard counsel for the petitioner and Shri D. Awasthi counsel for the respondents. 5. It is not disputed between the parties that the Federation is the State within the meaning of Article 12 of the Constitution. Thus, the present writ petition is maintainable. 6. The petitioner has submitted his reply on December 1, 1996 along with the documents to show that he appeared before Dr. Hari Mohan Kansal at T.B. Clinic, Kanpur on July 29, 1996. Thereafter no date, place and time was fixed in the enquiry. Thus, the present writ petition is maintainable. 6. The petitioner has submitted his reply on December 1, 1996 along with the documents to show that he appeared before Dr. Hari Mohan Kansal at T.B. Clinic, Kanpur on July 29, 1996. Thereafter no date, place and time was fixed in the enquiry. In case the department was not willing to produce any evidence, time ought to have been given to the petitioner to produce evidence. The enquiry is in violation of principle of natural justice. 7. In view of the above, the orders dated March 5, 1997 and November 15, 1997 are quashed. The petitioner may appear before the respondent No. 1 on May 5, 2008. Thereafter the respondent No. 1 may appoint any other enquiry officer to complete the enquiry against the petitioner. 8. Thepetitioner was dismissed from service on March 5, 1997. Since we have set aside the dismissal orders, the petitioner will be treated under suspension during the period that he could not work due to the dismissal order. He will continue to do so till enquiry is completed. The petitioner will be entitled to the subsistence substantial allowances. 9. Shri Awasthi informs the Court that Federation is not in sound financial position and Voluntary Retirement Scheme is being offered to the employees. In case the petitioner files application under Voluntary Retirement Scheme, then it will be open to the Federation to consider the Voluntary Retirement of the petitioner instead of continuing the departmental proceeding. With these observations, the writ petition is allowed.