MAHENDRA KUMAR CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Additional Chief Standing Counsel.

(2.) The petitioner has assailed the order dated 15.10.2013 passed by the Secretary Medical Department of the State Government awarding punishment of censure entry as well as stoppage of five annual increments of salary. The petitioner while posted as Superintendent of Community Health Centre, Mdhadawal District Sant Kabir Nagar was chargesheeted for committing a forgery in the matter of admission of patients as well as for misappropriation of money which was alleged to be misconduct.

(3.) Firstly the Inquiry Committee was constituted on 07 May 2011 which prima facie did not find any irregularity, therefore the committee submitted a report on 20.06.2011 to the effect that no irregularity have been found, whereas it mentioned that the physical verification was going on and the result would be submitted with supplementary report. It submitted the supplementary report dated 16.08.2011 which was signed by only two members, thereafter a regular inquiry was initiated and a charge sheet was issued to the petitioner. The petitioner submitted reply of the charge sheet. The inquiry officer in conclusion expressed the opinion that no irregularity or embezzlement was found to have been committed in operation of the scheme of 'Rural Development Rashtriya Swasthye Beema Yojana'. The criminal case was also launched against the petitioner in which a final report was submitted on 15.11.2011.