G.P. SRIVASTAVA Vs. DISTRICT JUDGE, ETAH

JUDGEMENT

(1.) G.P. Srivastava, Ex-Senior Administrative Officer, District Judgeship, Etah is before this Court assailing the validity of order dated 22.10.2010 passed by learned Single Judge in Writ Petition No.52685 of 2005 (G.P. Srivastava Vs. District Judge, Etah and another) dismissing the Writ Petition preferred on behalf of appellant assailing the validity of termination order dated 23.06.2005 passed by District Judge, Etah.

(2.) Factual matrix of the case leading to filing of present Special Appeal in brief is that petitioner-appellant was appointed as Senior Administrative Officer (S.A.O.) in Firozabad judgeship from where in administrative exigency he was transferred to Etah judgeship. In respect of misuse of authority by the petitioner-appellant, complaint was made by Mukut Bihari Lal, Shiv Saran Dixit, Anurag Bist, Bhagwati Prasad and Raghuveer Singh and on the said complaint being made, vigilance enquiry was got conducted and complaint regarding misuse of post and harassment of employees of Judgeship and demand of illegal money for transfer and posting etc. was said to be substantiated. Based on the said report, disciplinary enquiry was initiated against petitioner and the same was followed by suspension and a charge-sheet dated 26.02003 was served upon the petitioner-appellant levelling eight charges. Disciplinary Enquiry in question was entrusted to one Shri Y.C. Gupta, the then Additional District Judge Etah and to the charge-sheet in question, petitioner has submitted his reply on 10.04.2003. Petitioner, thereafter, proceeded to move an application for changing the Enquiry Officer before the District Judge on the ground that son of Shri Y.C. Gupta, Enquiry Officer was being taught by Shri Shyam Pal Singh, who was a complainant and was also a witness. On receiving the said application, the then District Judge called for the comments from Shri Y.C. Gupta, the then Additional District Judge and the District Judge thereafter has passed an order that Shri Y.C. Gupta would continue with the inquiry but not to record findings.

(3.) The inquiry in question proceeded and as far as petitioner is concerned when statement of witnesses were being recorded, he chose initially not to participate in the disciplinary proceedings and statement of Shri Ganga Prasad Steno, Shri Ram Vinod, Sessions Clerk; Shri Ravindra Pal Singh; Shri K.P.S. Yadav, Advocate; Shri Ram Niwas Rajput and Shri Harendra Mohan Saraswat were got recorded. Thereafter he has been participating but with reluctance. The Enquiry Officer thereafter has been changed and one Shri Abhimanyu Kumar, Special Judge SC/ST Etah was entrusted to conduct the enquiry and by the time he proceeded with the enquiry, he was transferred and thereafter the inquiry was transferred to Shri Sabhapati Singh. Petitioner-appellant has sought repeated adjournments before Shri Sabhapati Singh and it has been submitted here that he was inclined to keep the inquiry pending. Thereafter, the inquiry has been handed over to Shri P.K. Chaturvedi, Special Judge, DAA Etah and Shri P.K. Chaturvedi has proceeded with the inquiry and gave full opportunity of hearing to the petitioner-appellant although petitioner-appellant had been repeatedly buying time and ultimately the Enquiry Officer submitted his report.