LAWS(ALL)-2024-5-205

ANAND KUMAR ASTHANA Vs. STATE OF U. P.

Decided On May 09, 2024
Anand Kumar Asthana Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Shishir Jain, learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned Chief Standing Counsel, Sri Pankaj Patel, learned Additional Chief Standing Counsel for the State and Sri Ajay Kumar Singh, for Varanasi Development Authority, Varanasi.

(2.) Under challenge is the impugned punishment order dtd. 24/8/2023 passed by the opposite party no. 1 and the charge no. 1 of the chargesheet dtd. 28/12/2021.

(3.) The factual matrix of the case is that the petitioner was appointed as Junior Engineer on daily wage basis in Lucknow Development Authority on 1/1/1988 and thereafter, his services were regularized and he was transferred to Varanasi Development Authority, Varanasi(hereinafter referred to as, 'VDA'). When the petitioner was posted as Junior Engineer Enforcement (Nagwan Ward) surprisingly, on 21- 07-2021, inspection of various roads in Nagwan Ward was conducted by the Vice Chairman, VDA and allegedly, unauthorized building constructions were found in progress and thereafter, a show cause notice dtd. 22/7/2021, was issued to the petitioner and the petitioner submitted reply to the show cause notice, on 28/7/2021. Thereafter, a departmental enquiry was instituted, wherein the charges were framed and the chargesheet dtd. 28/12/2021 was served upon the petitioner. The petitioner submitted reply to the chargesheet and the enquiry proceeding was concluded and the enquiry report was sent to the disciplinary authority, whereafter, issuing the show cause notice, the disciplinary proceeding was concluded and the final punishment order was passed on 24- 08-2023.