L K TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G.K. Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record.

(2.) The petitioner in this writ petition is challenging the order dated 26.11.2012 imposing the penalty of censure as well as withholding of one increment with cumulative effect.

(3.) The case of the petitioner is that while he was working as District Excise Officer, Mirzapur an incident occurred in which 11 persons died between 17.9.2010 and 18.9.2010 and two more persons died on 19.9.2010 as a result of consumption of spurious liquor. Accordingly a charge sheet was issued to the petitioner on 22.10.2010 by the State Government. The Additional Excise Commissioner (Administration) was appointed as Inquiry Officer. The allegation against the petitioner was that while functioning as District Excise Officer, he did not take effective steps to see that no spurious liquor was sold in the District but the fact that 13 persons had died between 17.9.2010 to 19.9.2010 as a result of consumption of spurious liquor went to show the incompetence and lack of interest on the part of the petitioner in performing his duties. It was also alleged that no effective steps had been taken by the petitioner for stopping the illegal sale of countrymade spurious liquor in the District. The charges against the petitioner were supposed to be proved on the basis of three documents, namely;