SURENDRA ALIAS LALU Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 21st June, 2003 passed by the Director General of Jail Administration by which deduction of 10% from the pension of the petitioner has been ordered in exercise of the powers under Rule 351-A of the Civil Service Regulations.

(2.) The petitioner joined the U.P. Jail services as Bandi Rakshak on 18th Aug., 1965 and was promoted to the post of Assistant Jailor in the year 1979 and when the said post was declared as a dying cadre, the petitioner was absorbed as Deputy Jailor in the year 1988. On 19th Oct., 1998, the Jailor, District Jail Gonda went on leave for four days and, therefore, the petitioner was entrusted with the charge of Jailor. The Jailor, however, did return back in time and so the petitioner continued to work as Jailor. A charge-sheet dated 6th May, 1999 was served upon the petitioner in respect of an incident that took place on 24th Oct., 1998 while the petitioner was discharging the duties of Jailor in district Jail Banda. After completion of the enquiry, a report dated 13th March, 2000 was submitted and thereafter a show-cause notice dated 19th May, 2000 was issued to the petitioner requiring him to submit a reply. The petitioner submitted a reply on 3rd July, 2000 and thereafter the order dated 21st June, 2003 was passed imposing the punishment of reduction of 10% of the pension. It is this order that has been impugned in the present petition.

(3.) Sri Surendra Kumar Mishra learned counsel for the petitioner submitted that the order dated 21st June, 2003 deserves to be set aside inasmuch as the petitioner cannot be said to be guilty of grave misconduct or to have caused pecuniary loss to the State Government by misconduct or negligence.