KAMLA CHARAN MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been preferred against the impugned order of punishment dated 28.9.1992 (Annexure -1), by which the District Magistrate, Unnao has punished the petitioner awarding censure entry as well as recovery of salary of the period from 25.5.1990 to 29.10.1990 and withholding the integrity permanently. Annual increment in salary was also stopped permanently.

(2.) THE petitioner was Reader -cum -Ahalmad working in the office of Special Land Acquisition Officer, Unnao. During the course of employment, he was served with a charge -sheet dated 14.3.1992, broadly containing two charges -the first relates to absence from duty from 25.5.1990 to 29.10.1990 and second in regard to irregularity committed for grant of selection grade. After receipt of the charge -sheet, the petitioner submitted a reply dated 30.4.1992 and submitted that during the period in question, the petitioner was on medical leave and on account of serious illness, he could not attend the duty. He denied that he committed any illegality in accepting selection grade. After receipt of reply to the charge -sheet, the enquiry officer submitted a report dated 4.8.1992 and in consequence thereof, the petitioner has been punished by the order under challenge.

(3.) THE other submission of the learned Counsel for the petitioner is that the impugned order is a non -speaking one and does not assign reason. According to him, the punishment awarded to the petitioner is not minor; rather it is a major penalty under service rules.