RAJENDRA KUMAR SHARMA SHRI HARISH CHANDRA SHARMA Vs. STATE OF UTTAR PRADESH PRINCIPAL SECRETARY EXCISE EXCISE

JUDGEMENT

(1.) Petitioner is employed as Excise Inspector in the Excise Department of the State of U.P. In respect of certain irregularities/misconduct noticed qua his working during the period he was posed at Sitapur in the year 2002-2003, 2003-2004 he was served with a charge sheet dated 15th October, 2003 to which the petitioner submitted a reply on 9th March, 2004. In the reply so submitted, the petitioner denied the charges leveled against him. Accordingly departmental proceedings were initiated. Sri V.P. Singh, Deputy Excise Commissioner (Distribution), Allahabad was appointed as enquiry officer.

(2.) From the records it is established that the enquiry officer fixed 30th April, 2004 as the date for recording of the evidence of the witnesses proposed to be relied upon for the purposes of bringing home the charge against the employee concerned. Prior to the said date i.e. 30th April, 2004, the petitioner made an application that the enquiry proceedings are being prolonged for no fault of the petitioner and that he is not interested in leading any oral evidence or in cross-examining any witnesses, which may be produced by the department.

(3.) Acting upon the aforesaid application of the petitioner, the enquiry officer did not record the evidence of the witnesses proposed to be relied upon for the purposes of bringing home the charge against the employee and proceeded to submit his enquiry report without any witness being examined to prove the documents, which had been relied upon against the delinquent employee.