M T KHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) J. C. S. Rawat, J. This writ petition under Art. 226 of the Constitution of India has been filed by the petitioners with the follow ing prayers : (i) to issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned order dated 1/-01-2003 (Annexure-1 to this writ pe tition) passed by the respondent No. 2- Director, Horticulture & Food Processing, Almora. (ii) pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and cir cumstances of the case. (iii) Award the cost of the writ peti tion to the petitioners.

(2.) IT is admitted to the parties to the writ petition that petitioners No. 1 & 2 M. T. Khan and PC. Upadhyay have been working as Senior Research Assist ant, Group-1 since July 1984 and August 1995 respectively in Indo-Dutch Mush room Project, Horticulture Department, Jyolikot, District Nainital. The petitioner No. 3- Suresh Chandra has been work ing as Mechanic Group-II in the afore said Project of Horticulture Department. The petitioner Nq. 4 & 5 Surendra Singh Bisht and Ganeshi Lal have been work ing as Mushroom Production Assistant Grade-III in the Project. The petitioner No, 6- Jagdish Chandra Bhatt is work ing as Lab Assistant since November 1993 in the said Project. While discharg ing their duties, the petitioners have sup plied the compost to the mushroom growers. The mushroom growers made complaints to the authorities that the compost supplied under the B. P. L Scheme in August 2002 was of sub standard and due to which they did not receive good results upto their expecta tion and they suffered heavy financial losses. On the basis of the complaints from the mushroom growers, the Chief Development Officer constituted a com mittee to inquire into the matter. The committee consisting of Dr. G. S. Mer, Project Scientist, Mushroom Centre Bhawali, K. M. V. N. , Nainital and Mr. R. S. Adhikari, Project Economist, Dis trict Rural Development Officer, Nainital has submitted its report on 28-11-2002. IT was mentioned inter-alia in the inquiry report that the compost supplied to the mushroom growers was sub-standard, due to which the mushroom growers suffered a heavy pecuniary loss and the, petitioners were responsible for the same. The Committee has found the petitioners guilty of supplying the sub standard compost to the mushroom growers. Due to the negligence and lapses on the part of the petitioners, the mushroom growers have suffered the fi nancial loss and due to this the image of the department as well as the State Government has been tarnished,

(3.) RULE 10 (2) provides when a mi nor punishment is to be awarded an ex planation is required from the erring gov ernment servant. RULE 3 of the U. P Gov ernment Servant (Discipline and Appeal) RULEs, 1999 deals with the punishment: "3. Penalties.- The following penal ties may, for good and sufficient rea sons and as hereinafter provided, be imposed upon the Government Serv ants: Minor penalties: - (i) (ii ). . . . . . . . . . (Hi ). . . . . . . . (iv) Recovery from the pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders; (v ). . . . . . . . "