PRAHLAD SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order passed by a Division Bench of the Allahabad High Court dismissing the writ petition preferred by the appellant challenging the order passed by the State of Uttar Pradesh purportedly in exercise of its revisional power under Rule 13 of U.P. Government Servants (Discipline and Appeal) Rules, 1999 (hereinafter referred to as 'the U.P. Rules of 1999') setting aside the order passed by the Chairman of the U.P. State Agro Industrial Corporation (for short 'the Corporation') and restoring the order passed by the Managing Director imposing penalty of dismissal against the appellant.

(3.) The Corporation is a Company incorporated under the Companies Act. It is a Government company. The appellant has been working as a Service Engineer in the said Corporation at Hapur. It is the case of the Corporation that the appellant had committed serious financial irregularities which came to the light of the Corporation and in respect thereof the Managing Director of the Corporation instituted a departmental enquiry some time in October, 1997. The charges were found proved and ultimately the Managing Director passed the order dated 29-7-2000 dismissing the services of the appellant with immediate effect. An appeal was preferred to the Chairman of the Corporation against the order of punishment. The appellate authority by order dated 14-9-2000 partly allowed the appeal and ordered for reinstatement of the appellant with an observation that if the Managing Director desires he may inflict minor punishment of censure against the appellant. It was also found by the appellate authority that no charges were proved against the appellant nor the Corporation has suffered any financial loss. The conduct of the appellant, it has been observed, was "infirm" in following the departmental rules and procedure and he has been careless in his dealings.