SHAREEF AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner is clerk in Municipal Corporation, Gorakhpur. He is posted in the Holmes Colonel Library. It appears that on request of Up Zila Adhikari, Sadar, Gorakhpur/ Asst. Election Registration Officer, certain clerical staff of Nagar Nigam, Gorakhpur was attached to the Election office to assist in the preparation of voter list, the petitioner Shareef Ahmad being one amongst them.

(2.) By order dated 17.6.2011, passed by Nagar Ayukt, Nagar Nigam, Gorakhpur, the petitioner was placed under suspension on the charge that on 15.4.2011, Principal Secretary, Forest, U.P. Government made a spot inspection of Manniya Kanshiram Shahri Awas Yojna and sought information regarding inclusion of 1500 houses built therein, in the voter list. Sri Shareef Ahmad, petitioner who was looking after the said work, was required to furnish information. He informed that the said place is outside the limits of Nagar Nigam, Gorakhpur. The information was found to be misleading, as the aforesaid area comes under Mohalla Tal Ramgarh, which is within Nagar Nigam limits. It is further stated that because of wrong information given by the petitioner, the Chief Development Officer, Gorakhpur, could not be supplied correct information in time. This is evidence of gross negligence on part of petitioner in important work of preparation of voter list, and an effort to mislead the high officials. Such conduct is against the Government Servants Conduct Rules. It amounts to insubordination and indiscipline.

(3.) On 10.10.2011, the Enquiry Officer issued a charge sheet to the petitioner in which the same charges were reiterated and the petitioner was called upon to show cause why he should not be given adverse entry and his behaviour be censured, so that such conduct is not repeated in future. The petitioner replied to the charge sheet. It is admitted that the petitioner was attached to the Election Office and was attending the duties at the district head quarters. A specific plea was taken by the petitioner that the work assigned to him was to assist the employees of the Election Office in preparation of electoral list on the basis of inputs given by the supervisors/investigators, as is evident from the order of Up Zila Adhikari, Sadar, Gorakhpur dated 4.4.2011, (Annexure 2 to the writ petition). It was further stated that the petitioner had no information regarding any particular area being within or beyond the limits of Nagar Nigam, Gorakhpur. Such factual information is only in the knowledge of the supervisors or the Tehsil authorities, namely, Tehsildar, Kanoongo and Lekhpal. It was further stated that when at the time of inspection, such information was called for, the petitioner immediately got in touch with Shri Lal Chand the concerned Lekhpal of ward no.44, Goplapur, on his mobile no.8009902466. The Up Nagar Ayukt himself talked to him. He informed that the area in question is beyond the Nagar Nigam limits. The petitioner as well as other officials bonafidely believed the said information to be correct. It was further stated that the Vice Chairman, Gorakhpur Development Authority, Gorakhpur vide letter dated 14.6.2011 addressed to Nagar Ayukt, Nagar Nigam, Gorakhpur stated that efforts be made to include the said area within the limits of Nagar Nigam so that the residents of said colony are not deprived of their right to vote. In response to it, relevant information was furnished through Up Nagar Ayukt, Nagar Nigam, Gorakhpur in which it is stated that the information regarding the colony in question being in any particular ward or not, would become clear only on spot inspection by rent/ election department and whereafter, direction can be given to the Kanoongo and Lekhpal to include the said area in the electoral list. It was reiterated that the only duty assigned to the petitioner was to check the forms submitted by the supervisors and assist in the preparation of the final electoral list, as such, the charges levelled against the petitioner regarding dereliction of duties and furnishing of wrong information, are palpably incorrect.