HARI SHANKAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.P. Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.

(2.) AGGRIEVED by the order dated 15.1.2007 whereby the District Magistrate, Deoria imposed major penalty of reduction in rank, withholding of two increments with cumulative effect and withholding of integrity and the appellate order dated 24.10.2007 rejecting his appeal, the present writ petition has been filed under Article 226 of the Constitution of India.

(3.) THE facts, in brief, giving rise to the present petition are that the petitioner was charged of issuing residential certificate to one Km. Sandhya Kushwaha who claim to be the resident of Village Dhanauti Mathiya, Tehsil Rudrapur, District Deoria though as a matter of fact she was actually resident of Barhaj. In respect to the aforesaid transaction a charge-sheet was issued to petitioner on 14.8.2006 by the District Magistrate, Deoria. THE petitioner submitted his reply to inquiry officer (Tehsildar Salempur, District Deoria) on 4.10.2006 denying all the charges. THE inquiry officer did not hold any oral inquiry and on the basis of charge-sheet and the reply submitted by petitioner, submitted his report on 11.10.2006 holding all the charged proved. Some of the documents submitted by petitioner in his defence alongwith his reply were discarded by inquiry officer on the ground that the employee concerned has not submitted original or certified copies of those documents. A show cause notice alongwith inquiry report was issued to petitioner on 29.10.2006. THE petitioner thereafter made an application dated 20.11.2006 to the respondents to give certified copies of relied on documents and some others, pursuant whereto 14 documents were made available to him alongwith letter dated 7.12.2006. THEreafter the petitioner submitted his reply on 18.12.2006. THE disciplinary authority rejecting his reply passed the punishment order dated 15. 1. 2007 and appeal of the petitioner has been rejected by the Commissioner, Gorakhpur on 24.10.2007.