YOGENDRA PRASAD SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ajey S. Tiwari, learned counsel for the petitioner and learned Additional Chief Standing Counsel on behalf of the respondents.

(2.) By means of this writ petition the petitioner has challenged the judgement and order dated 27/03/2018 passed by the UP State Public Service Tribunal, Lucknow (hereinafter referred to as "the Tribunal") in Claim Petition No. 1731 of 2017, whereby the claim petition preferred by the petitioner was allowed and the impugned order dated 18/09/2017, was quashed, and further it was provided for the respondents to initiate a fresh enquiry against the petitioner from the stage of serving a fresh charge sheet without reference to the decision taken by the Principal Secretary, who is also the Disciplinary Authority.

(3.) The facts of the case in brief are that the petitioner while he was posted as Assistant Commissioner in Trade Tax Department of the Government of Uttar Pradesh, a departmental enquiry was initiated against him vide charge sheet dated 05/02/2015. The charge against the petitioner was that while he was posted as Trade Tax Officer at Check Post - Aam Tanda, Bareilly, during the month of May, June, July and August 2007, 8958 vehicles passed through the check post without depositing the prescribed fee. This caused a net loss of revenue of Rs.01,00,18,537/- to the Government. The petitioner was charged with failure to perform his duty diligently and preventing loss of revenue to the State and his individual liability was fixed at Rs.2,93,125/- to be recovered from his salary with interest.