VIJAY SHANKAR JOHARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Present petition has been filed by the petitioner challenging the order dtd. 28/5/2022 whereby the petitioner was dismissed from service.

(2.) The facts, in brief, are that the petitioner was appointed as a Junior Engineer in the Uttar Pradesh Public Works Department and subsequently was appointed as an Assistant Engineer at Uttar Pradesh Power Corporation Ltd. and was serving the post of Executive Engineer, Electricity Civil Distribution Division, Lucknow. It is stated that while the petitioner was posted as an Executive Engineer on 1/4/2021, the petitioner was placed under suspension on the allegation that a news was circulated on the News Channel Bharat Samachar in which an audio clip of the petitioner with a contractor was shown which demonstrated that the petitioner was making illegal demand of money. On 22/5/2021, the petitioner was served with a charge-sheet dtd. 8/4/2021 wherein a sole charge was levelled against the petitioner with regard to the telecast on the news channel on 1/4/2021 depicting that the petitioner was talking with a contractor wherein the petitioner was demanding illegal gratification from the said contractor. It was stated that the said act of the petitioner has resulted in lowering the image of the department.

(3.) The petitioner was given 15 days time to file his reply and to indicate as to whether the petitioner wanted an opportunity of personal hearing. In response to the said charge-sheet, the petitioner sent a letter dtd. 25/5/2021 requesting the then Executive Engineer to verify from the contractors working in the division with regard to the integrity of the petitioner. The Executive Engineer on 17/6/2021 wrote a letter to the petitioner that 18 contractors/firms working with the division had submitted their views which were also forwarded to the Superintendent Engineer. It is also on record that the contractor, who was shown to be the other person in the audio clip, gave a reply dtd. 16/6/2021 denying that he had anything to do with the audio clip.