SURESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Satish Dwivedi, learned counsel for the petitioner and Sri D.K. Tiwari, learned Additional Chief Standing Counsel for the respondent.

(2.) By means of this writ petition the petitioner has prayed to issue a writ of certiorari quashing the order dated 1.8.2013 passed by State Public Service Tribunal, U.P., Lucknow (hereafter referred to as "Tribunal") in Claim Petition No. 1698 of 2009 and also quash the orders dated 2.3.2009, 22.4.2009 and 21.12.2009. Vide order dated 2.3.2009, the disciplinary authority has imposed minor penalty withholding of one increment for the period of one year and also awarded censure entry. With the further direction that with respect to remaining salary for the suspension period and other allowances, decision will be taken after giving show cause notice. Vide order dated 22.4.2009, the disciplinary authority has held that the petitioner will not be entitled for any salary and allowances for the suspension period except which has already been paid to him whereas vide order dated 21.12.2009, the appeal filed by the petitioner against the orders dated 2.3.2009 and 22.4.2009 has been dismissed.

(3.) Brief facts of the case are that petitioner while posted as Entertainment Tax Inspector, Grade-I in District Auraiya was placed under suspension under contemplation of departmental proceeding. Vide order dated 10.10.2008 passed by Entertainment Commissioner, U.P.. By the said order, Assistant Entertainment Tax Commissioner, Kanpur was appointed as enquiry officer for conducting enquiry. Thereafter, petitioner was also served with the charge sheet dated 1.5.2008 levelling eleven charges with direction to submit his reply. Petitioner has submitted reply of each and every charges on 24.12.2008. Again respondent no. 2 i.e. Entertainment Tax Commissioner issued a supplementary charge sheet dated 18.121.2008 levelling five charges and petitioner has also submitted reply of the same on 5.1.2009.