SRIPAL GIRI Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order passed by the Joint Commissioner (Commercial Tax), holding charge of the Deputy Commissioner (Administration), Commercial Tax, NOIDA dtd. 19/7/2012 to the extent it punishes the petitioner after disciplinary proceedings.

(2.) The facts, giving rise to this writ petition, are necessary to recount, notwithstanding the fact that the issue involved here is limited. The petitioner is a Sewak (Class-IV employee) in the service of the Trade Tax Department and posted in the NOIDA Region, District Gautam Budh Nagar. In the night intervening 06/7/7/1995, the petitioner was posted at the Mohan Nagar, Ghaziabad Check-post along with two other Sewak, Ram Swarup and Kushalpal. The allegation against the petitioner was that along with the two other Sewak, he permitted a vehicle, bearing Registration No. DL-G/9490, to pass through the Check-post without checking its papers. The petitioner was placed under suspension pending inquiry along with Ram Swarup, one of the two other Sewak, vide order dtd. 27/12/1995. He was served with a charge-sheet on 25/10/1999. The petitioner filed his reply on 1/2/2000, denying the charges. The Inquiry Officer held an inquiry, returning a finding of guilt against the petitioner on both charges. The petitioner says that the Inquiry Officer had remarked that the petitioner and the other two Sewak, Ram Swarup and Kushalpal, were equally guilty. About Kushalpal, it is said that though equally answerable, he was not suspended or charge-sheeted.

(3.) The petitioner was served with a show cause notice dtd. 9/3/2000, to which he submitted a reply dtd. 13/3/2000. The Assistant Commissioner (Administration), Trade Tax, NOIDA, Gautam Budh Nagar vide order dtd. 14/3/2000 proceeded to dismiss the petitioner from service. The petitioner preferred a departmental appeal, which was rejected by the Deputy Commissioner (Office Trade Tax), NOIDA vide order dtd. 9/11/2001. The petitioner challenged these orders before this Court by means of Writ-A No.20574 of 2008. The said writ petition came to be allowed by this Court in part, setting aside the order of dismissal, on the ground that it was disproportionate punishment, with a remit of the matter to the Disciplinary Authority to pass orders afresh "awarding some lesser punishment". The writ petition, that was indeed partly allowed, was expressed to have been disposed of by the learned Judge deciding it, who vide judgment and order dtd. 17/4/2012 remarked: