SHISHUPAL SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner was a Collection Amin. He has preferred this writ petition under Art. 226 of the Constitution of India for quashing of the order dated 18.7.2008, whereby a punishment has been awarded to him by withholding his two increments on permanent basis, and notice dated 30.12.2013 and order dated 18.2.2014, whereby he has been denied salary for his suspension period.

(2.) The essential facts are that the petitioner was initially appointed on the post of Collection Amin on 1.7.1988 in Tehsil Bilgram, District Hardoi. He was subjected to disciplinary proceedings and was placed under suspension on 14.7.2007. Earlier the petitioner has challenged his suspension order by means of a writ petition, being Service Single No. 5832 of 2007. The said writ petition was disposed of by this Court on 16.5.2008 directing the opposite parties to complete the enquiry within three months. A charge-sheet dated 29.12007 containing eight charges against the petitioner was served upon him, wherein the charge no. 7 was that he had received a sum of Rs.36,300.00 from the defaulter and issued a receipt to him but he has deposited it after two years when a complaint was made that the petitioner has not deposited the amount which he has recovered from a farmer. The petitioner submitted his reply on 2008 and demanded some documents which were furnished to him. The Enquiry Officer after completing the enquiry has submitted his report on 26.3.2008, wherein he found that Charge Nos. 1, 2 and 4 were partly proved and Charge Nos. 3, 5, 6, 7 and 8 were fully proved.

(3.) The disciplinary authority issued a show cause notice dated 15.2008 to the petitioner, which he has replied on 2.6.2008. The disciplinary authority, by order dated 18.7.2008, after considering the reply submitted by the petitioner has awarded a punishment to the petitioner of withholding of his two increments on permanent basis. It was also mentioned in the order that in respect of his salary during the suspension period a separate notice would be issued in terms of the provisions of Rule-54 of the U.P. Fundamental Rules (i.e. Rule 54, Chapter VIII of Part-II of the Financial Hand Book Volume-II).