BRIJENDRA KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) By means of this writ petition, the petitioner has challenged the order dated 23rd June, 2010, by which certain punishment has been awarded by making recovery of the amount to the tune of Rs. 1,81,000/- and also reduction of pension to the extent of 20% from the petitioner.

(3.) The petitioner was placed under suspension by means of the order dated 20th June, 1986 while working on the post of Sales Tax Officer in the department. A departmental proceeding was initiated against him. The Deputy Commissioner(Executive) Moradabad was appointed as an Enquiry Officer vide order dated 21-08-1986. A Chargesheet was also served on the petitioner on 03-09-1986. The petitioner demanded certain documents by means of letter dated 20th September, 1986. A reminder letter was also given by the petitioner in this regard on 09-1-1987. The Enquiry Officer supplied the copies of the documents on 19th February, 1987, but, it is stated that the said documents were not relevant. Ultimately, the petitioner retired from service on 12th November, 1987. The State Government issued an order staying the disciplinary proceeding on account of pendency of a vigilance enquiry against him on 2nd April,1988. However, the enquiry was restarted by lifting the said stay order. The Joint Commissioner(Establishment) Jhansi, informed the petitioner vide order dated 30th September, 2002 that he has been authorized to hold enquiry in the matter and sought reply from him within a week. The petitioner demanded copy of the order dated 30th September, 2002 indicating that the enquiry had already been stayed by the State Government, but, he did not receive any reply from the Enquiry Officer. The petitioner requested the Principal Secretary to the Government of U.P. to get conducted the enquiry at Ghaziabad keeping in view his ill health and old age by means of letter dated 21st April, 2004. On 11th January, 2005, a reminder was also given by the petitioner to the Enquiry Officer as well as to the Principal Secretary of the department, but, no reply was received from them. The Enquiry Officer proceeded with the enqiry ex-parte on 10th June, 2005. On 9th March, 2006, the State Government issued another order to continue the enquiry under Article 351-A of the Civil Service Regulations. A show cause notice was also issued to the petitioner alongwith the enuiry report on 7th April,2006. The petitioner submitted reply to the show cause notice on 28th April, 2006. The Disciplinary Authority issued another notice to the petitioner on 12th April, 2007, by means of which he was informed that as to why the reduction of pension to the extent of 20% and recovery of Rs. 1,81,000/- should not be made from him. The petitioner submitted reply to the show cause notice dated 12th April, 2007. On 8th June, 2007, the State Government sought advice from the Public Service Commission, Allahabad and the Public Service Commission, Allahabad, gave its advice to the State Government on 20th May, 2010 and thereafter, the impugned order of punishment has been passed.