CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION AND DAIRY FEDERATION CENTRALIZED SERVICES Vs. JAGPAL SINGH

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench dated 26.8.2019, affirming the order passed by the learned Single Bench on 17.5.2019.

(2.) The writ petition filed before the High Court was to assail an order of punishment dated 26.10.2018, whereby the respondent[1] was ordered to be reverted to the minimum pay scale and the period of suspension was to be considered as a period spent by the employee in service. However, for the said suspension period, the employee was not found to be entitled to any other pay or allowance except subsistence allowance and dearness allowance. The order of punishment was passed after the prior approval of the Commissioner (Dairy Milk), Lucknow, designated as Registrar by the State Government on the same day.

(3.) The employee was appointed as Executive Trainee in the Centralised Services on 11.8.1984. After completion of the training period, he was appointed as Manager Grade-III. The employee was served with a charge sheet dated 21.4.2015, inter-alia, on the ground that in addition to two chambers of milk in tankers, one more additional third hidden chamber having capacity of 310 liters was created by partition. Water was filled in the said additional chamber to maintain total weight of the vehicle. After weight measurement at the time of unloading of milk from the two chambers, water from the additional hidden chamber was discharged. On account of manipulation in the weight measurement, the Federation suffered financial losses. The employee controverted the said allegations and thus an Inquiry Officer was appointed. In the Inquiry Report dated 13.6.2018, charges nos. 1 and 3 were found to be partially proved against the employee. The Inquiry Report was then forwarded to the employee along with a show cause notice on 25.6.2018. An opportunity of personal hearing was also afforded to him. It is thereafter that the Managing Director/ Chairman (Administrative Committee) passed an order on 26.10.2018 holding the employee guilty of all the three charges and passed an order of punishment, as mentioned above, after obtaining approval from the Commissioner (Dairy Milk)/ Registrar, Dairy Milk Co-operatives, U.P. on 26.10.2018. It is the said order which was challenged by the employee by way of a writ petition before the High Court.