PRAHLAD SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for quashing the impugned order dated September 15, 2001 Annexure 1 to the writ petition and the order dated July 29, 2000 Annexure 14 to the writ petition.

(2.) Heard learned counsel for the parties.

(3.) The respondent No. 3 is a company registered under the Companies Act, and it is a government corporation. The petitioner was an employee of the Corporation and he was charge-sheeted for financial irregularities. True copy of the charge-sheet dated November 19, 1997 is Annexure 9 to the petition. A perusal of the same shows that there were serious allegations of financial irregularities against the petitioner. The petitioner sent reply to the charge-sheet vide Annexure 10 and thereafter an enquiry was held in which the petitioner was found guilty. True copy of the enquiry report is Annexure SA-2 to the supplementary affidavit filed by the petitioner. The enquiry officer found that the petitioner illegally and with oblique motive of personal gain manipulated the records and made illegal payments towards fake purchases. On the basis of this report the petitioner was dismissed from service vide order of the Managing Director dated July 29, 2000 Annexure 14. The petitioner filed an appeal against the dismissal order before the Chairman of the Corporation and that appeal was partly allowed and the petitioner was reinstated with the observation that the Managing Director who passed the dismissal order can give the petitioner a censure entry for his negligence. In the appellate order it has been mentioned that the charge of embezzlement and financial irregularities against the petitioner are not found proved. However, it was found by the appellate authority that the petitioner had been negligent.