DINESH CHANDRA BAJPAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition for issuing a writ in the nature of certiorari to quash the impugned orders dated 1.5.2002 and 25.1.2002 contained in Annexures-1 and 2 respectively to the writ petition and also for issuing a writ in the nature of mandamus commanding the opposite parties to allow the petitioner to perform his duties and to pay regular salary along with arrears to the petitioner.

(2.) ACCORDING to the petitioner he was posted as Warehouse Superintendent at the Unnao Warehouse of the Corporation. He was dismissed by order dated 25.1.2002 (Annexure-2) in a disciplinary proceeding. He preferred an appeal, which was dismissed by Annexure-1. There were four charges against the petitioner. The first charge levelled against the petitioner was that from the reliable source it was learnt that the petitioner on 27.2.1998 managed to take out 150 bags of wheat illegally in planned manner without recording and making any entry in the relevant registers except recording entry in the Gate Pass Register. Later on the said relevant pages of the Gate Pass Register were torn out. The second charge levelled against the petitioner is that he did not discharge his duties and responsibilities in capacity as center Incharge and petitioner was careless in not verifying the entries in the relevant registers. The third charge levelled against the petitioner was to the effect that he held his subordinate and sided their acts and omissions as provided protection illegally as consequence of which indiscipline amongst the subordinate staff was encouraged. Charge No. four against the petitioner was to the effect that the petitioner did not certify the various registers managed at the warehouse and did not record certificate as to how many pages register contains and the registers were not numbered as a consequence of which full advantage was taken for taking out 150 bags of wheat in unauthorised manner.

(3.) THE rules of the disciplinary proceedings are given in U. P. State Warehousing Corporation Staff Regulations. Regulation 16 (1) (g) provides the punishment of dismissal as one of penalties. Regulation 16 (3) provides that no punishment of dismissal shall be imposed on any employee without formal charges being framed against him and without giving him any opportunity for tendering explanation in writing and cross-examining the witnesses and also without producing any evidence in defence.