BANSH NARAYAN VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) BY this petition, the petitioner has sought relief of writ of certiorari for quashing the impugned orders dated 2.7.2003 and 26.6.2006, contained in Annexures-17 and 19 of the writ petition. BY order dated 2.7.2003 after holding disciplinary inquiry against the petitioner three penalties have been simultaneously inflicted upon him whereby he has been reduced in rank from time scale of Rs. 4,000-6,000 to his lowest pay scale of Rs. 3,050-4,590 on the class III post. Besides this, a censure entry was awarded to him and his integrity of the year 2000-2001 was also not certified by District Magistrate, Allahabad. BY the appellate order dated 26.6.2006 the appeal of the petitioner has been dismissed by Commissioner, Allahabad Division, Allahabad.

(2.) THE facts leading to the case are that the petitioner was appointed as clerk grade III in the Collectorate, Allahabad vide order dated 17.3.1981. He was promoted to the post of clerk grade-II vide order dated 6.10.1991. While working as clerk grade-II he has been posted at different places in the establishment of Collectorate, Allahabad. On 2.1.1998 the petitioner was posted as Store Keeper in the Magh Mela, Allahabad, where he has taken over charge on 2.1.1998. It is stated that vide work distribution order dated 28.10.1998, the petitioner was entrusted with the duties of maintenance of Government building and properties, store bills, stock register, local purchase, furniture and hutting material storage, establishment and supervision over class-IV employees, choukidars, Pran Rakshaks, Kutter boat drivers and daily wagers, maintenance of Government boats and vehicles, arrangement of meetings, verification of all Government dues, pairavi of the cases and other works instructed by the officer-in-charge.

(3.) IT is stated that prior to the joining of the petitioner as store keeper in Magh Mela, Allahabad, F.A.F.O. No. 262 of 1997, State of U. P. v. M/s. Lallooji and sons and another, was filed before Hon'ble High Court, Allahabad on 22.3.1997, but the same was decided on 15.9.1999 and dismissed on merit. The copy of aforesaid order was not received to the petitioner, which was communicated by chief standing counsel alongwith his covering letter dated 25.4.2000 but was received to Magh Mela office on 5.5.2000 by Ashok Kumar, clerk of Magh Mela office. IT is further stated that vide letter dated 22.4.2002 the petitioner was called upon to explain within three days in respect of not doing proper pairvi of F.A.F.O. No. 262 of 1997 and for not taking steps of filing of S.L.P. after the order dated 15.9.1999 passed by this Court. True copy of the aforesaid letter dated 22.4.2002 is on record as Annexure-3 of the writ petition. The petitioner had submitted his reply on 24.4.2002 stating therein that the petitioner was relieved from the post of store-keeper on 29.4.2000 and the order dated 15.9.1999 passed by this Court was not received by him during the period he was posted as store-keeper, but on the basis of inspection of record, he had further stated that copy of the order dated 15.9.1999, passed by this Court alongwith letter of chief standing counsel was received by Ashok Kumar vide item No. 4022 of Index Register but the said order was not dispatched through dak-bahi to him, as such no question arises for receipt of the aforesaid order to the petitioner. A true copy of the said reply is on record as Annexure-4 to the writ petition.