(1.) Heard Sri S.K.Pal, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent no.1 and Sri Ashish Mishra, learned counsel appearing on behalf of the respondent nos.2 and 3.
(2.) By means of the present writ petition, the petitioner has challenged the the order dated 09.06.2005 issued by the Registrar General, communicated by Registrar (Establishment) by letter dated 25.06.2005, by which two increments have been withheld with cumulative effect.
(3.) Brief facts of the case are that the petitioner was posted as a Bench Secretary in this Court. On 25.07.2003, while he was posted as Bench Secretary in Court No.34, he has presented a fresh Writ Petition No.31984 of 2003, Raj Pratap Singh Vs. State of U.P. and others filed on 24.07.2003 and was supposed to come before the Court on 28.07.2003 in normal course and was not on the list of fresh cases. It was noticed by the Court that neither any mention was made by Smt. Manju R.Chauhan nor the mention has been accepted by the Court. It was found that the said file was requisitioned from the computer section on the slip of Smt. Manju R.Chauhan, Advocate, counsel for the petitioner without there being any order of the Court. In pursuance there of, Hon'ble Court on 26.07.2003 wrote a letter to the Registrar General of this Court stating therein that on 25.07.2003, Sri Vinod Kumar-III, Bench Secretary of Court No.34 had requisitioned a fresh file from the office without the matter being mentioned in the Court. The file was sent to the Court without any list. Therefore, the matter could not be proceeded. When the concerned Bench Secretary was asked as to how the file had reached the Court without any list, he could not furnish any explanation. Since it is very serious matter and may reflect on the integrity and efficiency of the Court itself, therefore, another Bench Secretary has been asked to be attached immediately in the Court and action may be taken against the said Bench secretary, Sri Vinod Kumar-III. In pursuance thereof enquiry proceeding has been initiated and the charge sheet has been submitted, in which the petitioner has been levelled the following charge :