MUNISH CHANDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Hemant Kumar, for the petitioner. Learned standing counsel appears for the respondents.

(2.) THE petitioner has prayed for quashing the orders dated 8.7.2005, and 5.10.2006, by which the State Government has punished him by withholding five increments of his pay with permanent effect.

(3.) IN respect of third charge, the petitioner submitted in his reply that though orders were given by the Deputy Registrar, Cooperative Societies, U.P. Basti to lodge FIR on 9.11.1998, the petitioner could not have filed FIR until he had collected all the facts and had verified the evidence, and confirmed the amount which were alleged to be embezzled by Sri Devanand Shukla. The petitioner examined all the allegations against Sri Devanand Shukla. The enquiry officer submitted his report on 20.12.1998 and the charge sheet on 26.12.1998. There were discrepancies in the accounts and missing entries. The petitioner examined the enquiry report and charge sheet, and after making necessary amendments on 30.12.1998, gave final shape to the FIR. IN the meantime the petitioner met the Commissioner and informed him of the facts. The Commissioner had orally accepted the petitioner's request, to collect the facts, and complete the preliminary enquiry before lodging the FIR.