BRIJESH KUMAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shesh Kumar, Advocate on behalf of the petitioner and learned Standing Counsel on behalf of the respondents.

(2.) The petitioner, Brijesh Kumar Tripathi, who is employed as collection amin in District Banda, was served with a charge-sheet dated 15th July, 2005. The charge-sheet contained two charges and the Tehsildar (Judicial), Banda was appointed as the Enquiry Officer. The petitioner submitted a reply to the said charge-sheet vide his letter dated 11th August, 2004 and denied the allegations made against him in the said charge-sheet. Thereafter the Tehsildar submitted enquiry report to the District Magistrate, Banda vide order dated 9th June, 2005. On the basis of the enquiry report so submitted by the Tehsildar, a show-cause notice has-been issued by the District Magistrate, Banda dated 22nd June, 2005, calling upon the petitioner to show-cause as to why orders for punishment may not be passed against the petitioner.

(3.) From the records it is not clear as to whether the petitioner has submitted any reply to the show-cause notice dated 22nd June, 2005 or not. However, the District Magistrate has proceeded to pass an order dated 25th September, 2005, whereby the petitioner has been reverted to the initial of the pay-scale admissible to the post of collection amin and an adverse entry has also been directed to be recorded. It is against this order of the District Magistrate dated 25th September, 2005 that the present writ petition has been filed. The said order has been challenged basically on the ground that the procedure prescribed for holding disciplinary proceedings for imposition of major penalty unde Rules 7, 8 and 9 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 has not been followed and therefore, the impugned order of punishment cannot be legally sustained. In that regard reliance has been placed upon Paragraph No. 15 of the writ petition.