ASHOK KUMAR YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order of dismissal from service and recovery of the price of wheat said to be embezzled by the petitioner. This order has been made against the petitioner by the Executive Director, U.P. Rajya Karamchari Kalyan Nigam, Lucknow on 22/9/2020 and shall hereinafter be referred to as the impugned order.

(2.) The petitioner was a Centre Superintendent in the employ of the U.P. Rajya Karamchari Kalyan Nigam, Lucknow (for short, 'the Corporation'). He was appointed a Centre Superintendent at the Wheat Purchase Centre, Vijay Nagla, District Badaun in the month of March, 2018. The petitioner was transferred from District Badaun to District Agra on 13/7/2018. On 16th of July, 2018 in a quick movement of events, the petitioner was transferred from District Agra to District Sambhal and posted as a Salesman/ Accounts Clerk by the Managing Director, Uttar Pradesh State Food and Essential Commodities Corporation Limited, Lucknow. The petitioner joined the station of transfer on 16/7/2018. On 24/7/2019, a little over a year after his preceding transfer to Sambhal, the petitioner was transferred back to District Agra, where he joined on 19/8/2019.

(3.) It is the petitioner's case that while posted as the Centre In-charge, Wheat Purchase Centre, Vijay Nagla, District Badaun, an incident took place on 15/6/2018, where records relating to purchase of wheat were forcibly taken away by one Harish Shankhdhar, a government contractor. The petitioner made a complaint regarding the incident to the Executive Director of the Corporation as well as the District Magistrate through registered post on 12/7/2018. Another complaint regarding the incident was addressed to the Director of the Corporation on 23/7/2018. The petitioner says that no action was taken by these Authorities upon his complaints. The petitioner was served with a show cause notice instead, by the Eecutive Director last mentioned on 3/8/2019, where it was claimed that the petitioner was guilty of short-deposit of wheat in the stocks of the Corporation, compared to the quantity purchased while posted at Badaun. The short-deposit was alleged to be a quantity of 2411.60 quintals.