ZILA PANCHAYAT Vs. STATE PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) The Zila Panchayat, Aligarh has questioned the validity of the judgment and order dated 02.05.1997 of the U.P. Public Services Tribunal, by which the claim petition of late Ved Prakash Saxena, who is represented through his heirs and legal representatives, respondents No. 2 to 7, herein above, has been allowed on the ground that the enquiry against the delinquent employee stood vitiated on account of non-production of oral witnesses. The Tribunal concluded that there was no evidence before the Inquiry Officer to come to the conclusion that the charges were proved against the petitioner and, therefore, the enquiry was in violation of Article 311 (2) of the Constitution of India read with Rule 55 of C.C.A. Rules, 1930. Accordingly the Tribunal set aside the order of punishment and extended all benefits to the respondents No. 2 to 7, who are the heirs and legal representatives of late Ved Prakash Saxena.

(2.) The facts and circumstances giving rise to this case are that late Ved Prakash Saxena was appointed as a Clerk Grade III in 1952 in Zila Parishad, Aligarh and was ultimately promoted to the post of Licence/Tax Inspector on 11.6.1968.

(3.) Shri Saxena, while serving on the said post, was found to have committed some misconduct, for which he was served with a charge sheet containing six charges in 1975. Three of the charges were in respect of temporary embezzlement relating to non-deposit of certain amount within time after having collected it from the concerned person. The other charges related to (i) acceptance of illegal gratification (ii) non-verification of the tour diary and claiming the allowances etc; (iii) that he had earlier committed the same misconduct and was punished. The delinquent submitted his reply to the charge sheet.