LAWS(ALL)-2023-4-157

JAGDISH NARAYAN KATIYAR Vs. STATE OF U. P.

Decided On April 12, 2023
Jagdish Narayan Katiyar Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar, Advocate assisted by Mr. Akshat Kumar, learned counsel for the petitioner and Ms. Vasudha Singh, Brief Holder and Mr. Rajiv Srivastava, learned Additional Chief Standing Counsel for the State.

(2.) By means of this writ petition, the petitioner has prayed for a writ of certiorari quashing orders dtd. 7/11/2016 and 15/11/2016, passed by respondents 2 and 3, contained in Annexures 1 and 2 to the writ petition.

(3.) Brief facts of the case are that in the year 2009-2010, when the petitioner was posted as Senior Clerk in the office of Civil Hospital, Lingiganj, Farrukhabad, he was placed under suspension vide order dtd. 22/1/2010 on the charge of financial irregularities by Director (Administration), Medical and Health Services, U.P. Lucknow. Disciplinary proceedings were initiated against the petitioner under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (In short, Rules of 1999). A charge sheet dtd. 6/7/2010 was issued by the enquiry officer whereby three charges were levelled against the petitioner. After receiving the charge sheet, the petitioner submitted his reply on 30/7/2010 denying all the three charges. Enquiry was completed by the enquiry officer and the respondent No.2, i.e. the Director (Administration) issued a show cause notice dtd. 12/1/2012 along with the copy of the enquiry report. Reply was sought from the petitioner which he gave on 28/1/2012 denying all the charges levelled against him. Punishment order of dismissal dtd. 13/4/2012 was passed by respondent No.2.