AMBRISH KUMAR Vs. REGISTRAR HIGH COURT

JUDGEMENT

(1.) Heard Sri Parvez Alam holding brief of Sri Praval Tripathi, learned counsel for the petitioner and Sri Ashish Mishra, learned counsel appearing for the respondents.

(2.) Petitioner, a clerk in the Judgship at Agra, by the instant writ petition is assailing the order dated 18 February 1999, passed by the Appellate Authority/Inspecting Judge affirming the order of punishment dated 25 October 1996, imposed by the third respondent/Disciplinary Authority/District Judge, Agra, reverting the petitioner on the lower pay scale for five years.

(3.) On a complaint being lodged against the petitioner and the Reader/Peshkar Sri Dharam Singh with regard to the missing file of Suit No. 94 of 1992, a preliminary enquiry came to be instituted. The enquiry report, prima facie, held the Reader of the court and the petitioner jointly responsible for the loss of the file. Consequently, departmental disciplinary enquiry being N.J.E. 4 of 1994 came to be instituted against the delinquent employees. Special Judge, Agra, was appointed enquiry officer. The charge against the delinquent employees was that the records of Suit No. 94 of 1992 was misplaced/lost and the record of the case was not placed before the presiding officer on the date fixed.