NISHITH RANJAN TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE matrix of the case, shorn of details are that petitioner while holding the post of Deputy Director, Forest, class -II post was serving as Divisional Sales Manager, Gonda on deputation in U.P. Forest Corporation between the period 21.2.1999 to 7.3.2001. He was placed under suspension vide order dated 19.9.2005 and a charge sheet dated 6.10.2005 was issued to him for the following three charges:- <IMG>JUDGEMENT_662_TLALL0_2013.jpg</IMG> <IMG>JUDGEMENT_662_TLALL0(1)_2013.jpg</IMG>

(3.) BY the aforesaid inquiry report, petitioner was completely exonerated of the first and second charges on the ground that there was not even an iota of evidence against him for proving the allegation of transferring excess money to the purchaser causing pecuniary loss to the Corporation. As regards charge no. 3 is concerned, the inquiry officer recorded a categorical finding that misconduct was committed by Sri J.P. Patel, an Assistant Grade -II by misinforming in writing that security amount was forfeited and thus the said irregularity was neither committed nor was within the knowledge of the petitioner. A finding of fact on the basis of evidence in the inquiry is also recorded by the inquiry officer in the report that the delinquent employee Sri J.P. Patel was solely responsible for the loss from whom the recovery of loss suffered by the department is to be made, hence, it was not desirable to charge another person for the same in the spirit of the Government order dated 18.12.2000.