RAM PRAKASH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Hari Prasad Gupta, learned counsel for petitioner and Ms Parul Bajpai, learned Additional Chief Standing Counsel for the opposite parties.

(2.) Petition has been filed challenging order dtd. 18/5/2022 along with the endorsement letter dtd. 2/8/2023 whereby petitioner has been visited with major penalty of withholding of two increments with cumulative effect. Further prayer for a direction to concerned authorities to extend all the incidental and consequential service benefits withheld due to impugned punishment order has also been sought.

(3.) It has been submitted that an accident occurred on 19/7/2020 between a private vehicle and a private bus bearing registration no.UP17-AT4782. In pursuance of such an accident, petitioner was issued a charge sheet dtd. 21/6/2021 containing five charges with the primary charge that the aforesaid private bus had been inspected by petitioner in the course of his duties as Assistant Regional Transport Officer (Administration) in the year 2018 and a certificate of fitness was also issued by him which was valid from 24/2/2018 to 23. 02.2020 and there were certain omissions on the part of petitioner due to which fitness certificate should not have been issued. Charge No.1 pertained to the offending bus having 12 more seats than were permissible; Charge no.2 pertained to excess length of the bus by 1000 m.m; Charge no.3 pertained to discrepancy in overhang of bus by 1080 m.m; Charge no.4 pertained to rear screen mirror being hidden by steel body and Charge no.5 pertained generally to petitioner issuing a certificate against provisions.