BHAGWAN DAS SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Rohit Kumar Singh, learned counsel for the petitioner and Ms. Suman Sirohi appearing on behalf of respondents.

(2.) BY means of present petition the petitioner has challenged the punishment order dated 29th November, 2001 and appellate order dated 12.8.2003.

(3.) THE petitioner filed reply. On consideration of the reply the Inquiry Officer submitted the inquiry report dated 5th May, 2001 which is Annexure-8 to the writ petition. In the inquiry report charge no.1 was found partly proved and the charge no.2 was not found proved. The Disciplinary Authority thereafter issued a show cause notice proposing the punishment that why the petitioner should not be dismissed. In the show cause notice it is also observed that in respect of charge no.2 the Inquiry Officer has observed that in pursuance of the direction of the Secretary the payment has been made by cross cheque while no evidence has been adduced, therefore, this charge also stands proved. The petitioner filed reply to the show cause notice. By the impugned order dated 29th November, 2001 the petitioner has been punished as follows:- <IMG>JUDGEMENT_5_TLALL0(1)_2014.jpg</IMG>