RAJENDRA PRASAD GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 9.1.2012 nominating the Deputy Director, (Panchayat) Panchayati Raj, Lucknow Division, Lucknow as the Enquiry Officer, the order dated 30.3.2012 converting the enquiry proceedings into proceedings under Regulation 351-A of the Civil Service Regulations and the order dated 30.4.2012, which is a communication of the order dated 30.3.2012.

(2.) Briefly stated the case of the petitioner is that he was working on the post of District Panchayat Raj Officer, Agra. He retired from service on 29.2.2012. However, during his posting as District Panchayat Raj Officer, Etah in the year 2010-11 some allegations were made against him. The then District Magistrate, Etah by his letter dated 10.3.2011 directed the Chief Development Officer, Etah and Senior Finance and Accounts Officer, District Rural Development Authority, Etah to conduct an enquiry into the matter. An enquiry, as ordered aforesaid, was conducted and a report was submitted on 31.3.2011, a copy of which has been filed as Annexure-2 to the writ petition. According to the petitioner, from a perusal of the enquiry report none of the allegations against the petitioner have been established. However, the District Magistrate not being satisfied with the enquiry report again directed the Senior Accounts Officer, Etah to conduct another enquiry into the matter vide his letter dated 4.4.2011. The enquiry was held and an enquiry report was submitted on 3.5.2011 and this time it was alleged that there were some irregularities committed by the petitioner. On 3.5.2011 itself the District Magistrate, Etah issued a show cause notice to the petitioner to submit his explanation to the enquiry report dated 3.5.2011. The petitioner is stated to have submitted his explanation on 15.6.2011. However, ignoring the said explanation the impugned order dated 9.1.2012 has been passed and the Deputy Director, Panchayat Raj, Lucknow Division, Lucknow has been nominated as an Enquiry Officer. Further by another letter dated 30.3.2012 a direction has been issued to convert the said enquiry into an enquiry under Regulation 351-A of the Civil Service Regulations. The other impugned order dated 30.4.2012 is a communication of the order dated 30.3.2012.

(3.) We have heard learned counsel for the petitioner and learned standing counsel appearing for the respondents.