YOGENDRA RAM CHAURASIA Vs. STATE OF U P

JUDGEMENT

(1.) YOGENDRA Ram Chaurasia, petitioner has approached this Court with request to quash the order dated 28.1.2011 passed by the Commanding Officer, 100 U.R. Battalion N.C.C., Varanasi proceeding to dispense with the services of the petitioner as well as order dated 26.4.2011 passed on behalf of the Additional Director General, N.C. Directorate, U.P. Lucknow dismissing the appeal preferred on behalf of the petitioner. Petitioner was appointed as Lascar Class IV post with the respondents authority on 30.4.1994. Petitioner was posted at different Batallion and lastly was posted on 11.6.2008 at 100 U.P. Battalion, Varanasi. While petitioner was performing duty, he has been placed under suspension on 19.6.2010 followed by departmental Charge -sheet on the same date. Charges levelled against the petitioner was to the effect that petitioner had submitted forged claim for reimbursement of medical bill expense on account of medical treatment of the wife of the petitioner for amounts of Rs. 15,928, Rs. 16,695 and Rs. 3,580 respectively. The charge -sheet recorded fact to the effect that the cash memo issued by M/s. Calson Pharmaceutical, Khajuri Road, Pandeypur, Varanasi was forged as no shop in the said name presently existed nor did there exist any permission for running of such shop. It has further recorded that a document for an amount of Rs. 3,580 issued by M/s. Shivam Medical Store, Akath Tiraha, Ghazipur Road, Varanasi was neither a cash memo nor a bill and as such no payment was liable to be made against the same. Further during the course of preliminary enquiry, petitioner has misbehaved with superior officials. In respect to the aforementioned Charge -sheet dated 19.6.2010, the petitioner submitted his detailed reply on 23.6.2010. Petitioner was subjected to departmental inquiry and thereafter, inquiry officer submitted his report on 18.9.2010 holding the petitioner guilty of the charges levelled against him. Thereafter, copy of the inquiry report was supplied to the petitioner alongwith show -cause notice. Thereafter, petitioner submitted his reply on 11.1.2011 and then order was passed on 28.1.2011 by the Commanding Officer, 100 U.P. Battalion, N.C.C. Varanasi dispensing with the services of the petitioner. Thereafter, petitioner preferred appeal before the Additional Director General, N.C. Directorate, U.P Lucknow and same has also been dismissed. At this juncture petitioner is before this Court.

(2.) SRI . R.S. Ram, learned counsel for the petitioner contended with Vehemence that in the present case charges levelled against the petitioner could not have been brought home by the authority concerned on the basis of evidence led and on mere surmises and conjecture petitioner has been awarded punishment of dismissal from the service which is not at all commensurate to the charges mentioned and in view of this orders passed are liable to be quashed.

(3.) COUNTERING the said submission, learned Additional Chief Standing Counsel Sri Ravi Shankar Prasad on the other hand contended that from the evidence available on record, charges have been brought home and in exercise of authority of judicial review, this Court cannot at all appreciate the evidence in question, as such writ petition deserves to be dismissed.