MATLOOB HUSSAIN Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THIS writ petition challenges the decision rendered by the Tribunal on a claim petition filed by the petitioner seeking interference with a punishment order whereby the petitioner was censured in his service -book for the year 2001. The contention of the petitioner is that, while considering his reply to the show cause notice, the Disciplinary Authority acted mechanically and failed to take note of the fact that the matter alleged was inefficiency only or error in judgment but not of an act, which can be construed as misconduct, inasmuch as, the facts complained of do not suggest any malicious conduct on the part of the petitioner.

(2.) THE learned Counsel for the State has taken us through the show cause, the reply thereto as well as the order of Disciplinary Authority passed after considering such reply. The learned Counsel submitted that the show cause makes it clear that the acts complained of did not indicate inefficiency/lack of judgment alone, but such act or conduct on the part of the petitioner, which constitute misconduct. He submitted that in any event, the acts complained of were of such nature, which though may be treated as negligence, but which may result in a catastrophe. The learned Counsel submitted that there was appropriate application of mind on the part of the Disciplinary Authority and he dealt with each of the aspects highlighted in the reply to the show cause, while dealing with the matter.

(3.) THIS inspection resulted in issuance of the charge sheet, where it was indicated that it is proposed to award a minor punishment of censure to the petitioner. Petitioner gave a reply thereto, in that he justified his absence as well as absence of others by stating that the inspection took place at 9.00 a.m. and immediately prior thereto, after completion of the early morning physical training, the petitioner and others had gone to change their uniforms. It was stated that he had also instructed a few of the Firemen to clean up the Fire Station and if the Superintendent of Police had come for inspection a few minutes later, the Station would have had been cleaned by that time. It was also stated that those 15 absentee Firemen were punished for being absent but, at the same time, it was also stated that they too had gone for changing their uniform. It was stated that all important telephone numbers and other notices were appropriately tabulated and hung up, but for some reason or the other the same was not there where the same was hung up at the time of inspection. All these contentions were considered, while the order of punishment was passed.