LAWS(ALL)-2023-1-100

ANOOP KUMAR SINGH Vs. STATE OF U. P.

Decided On January 09, 2023
Anoop Kumar Singh Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 22/10/2020 passed by the State Public Services Tribunal, Indira Bhawan, Lucknow (hereinafter referred to as "the Tribunal") in Claim Petition No. 1886 of 2019 : Anoop Kumar Singh Vs. State of U.P. and another, by which the said claim petition preferred by the petitioner against the punishment order dtd. 4/9/2019 was dismissed, instant writ petition has been preferred by the petitioner.

(2.) The facts leading to the instant appeal, in a nutshell, are as under :- Initially, the petitioner was appointed on the post of Commercial Tax Officer in the year 2002. Later on, his post was designated as Assistant Commissioner, Commercial Tax and while working as such, the petitioner was placed under suspension vide order dtd. 22/10/2018 on the ground of alleged irregularities committed by him while passing tax assessment order in regard to M/s Shashi Sales, Lucknow for the assessment year 2014-15. A charge-sheet dtd. 22/10/2018 was served upon the petitioner, levelling seven charges against him. The Joint Commissioner, Commercial Tax Officer's Training Institute, Lucknow was appointed as Enquiry Officer, who, after completion of enquiry, submitted its report dtd. 22/1/2009, wherein it has been stated that charge nos. 5 and 6 levelled against the petitioner was not proved, whereas charge nos. 1, 2, 4 and 7 were proved and charge no.3 was partly proved. Thereafter, the Disciplinary Authority had issued a show cause notice dtd. 12/2/2019 to the petitioner along with the copy of the enquiry report dtd. 22/1/2019, to which the petitioner had submitted his reply. After that the Disciplinary Authority had passed the punishment order dtd. 4/9/2019, withholding three increments with cumulative effect and a censure entry.

(3.) Against the aforesaid punishment order dtd. 4/9/2019, the petitioner has preferred claim petition No. 1886 of 2019 before the Tribunal, which was dismissed by the Tribunal vide judgment and order dtd. 22/10/2020. Feeling aggrieved, the instant writ petition has been filed by the petitioner.