ANIL KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) Heard, Sri A.P. Singh, learned counsel for the petitioner and Sri Vishal Verma, learned State Counsel.

(2.) The present writ petition has been filed challenging the order dated 20.11.2000 passed by the Deputy Collector, Sidhauli, Sitapur, by means of which the petitioner was dismissed from service and the order dated 18.10.2002 passed by the Collector, Sitapur modifying the aforesaid order of dismissal and imposing major penalty of reduction to the lowest grade pay i.e. Basic Salary on the post of Lekhpal by refusing to set aside the order of dismissal from service. During pendency of the writ petition, the representation of the petitioner on account of acquittal in the criminal case preferred by the petitioner was rejected. Therefore by way of amendment, the petitioner has also challenged the order dated 07.02.2013 rejecting the representation of the petitioner.

(3.) Brief facts of the case are that the petitioner, a confirmed Lekhpal, was placed under suspension by means of the order dated 06.07.2000 passed by the Deputy Collector, Sidhauli, Sitapur. A chargesheet was issued to the petitioner on 26.07.2000, to which he submitted his reply denying the charges levelled against him on 16.09.2000. Thereafter, after holding the enquiry, the enquiry report was submitted by the Enquiry Officer on 16.10.2000. Thereafter a show cause notice dated 16.10.2000 annexing a copy of the enquiry report was issued and served on the petitioner calling his explanation. In response thereof, the petitioner submitted a representation on 07.11.2000. Thereafter after considering the enquiry report and the reply submitted by the petitioner, the punishment order dated 20.11.2000 was passed by the Deputy Collector , Sidhauli, Sitapur, by which, the petitioner was dismissed from service. The petitioner preferred a departmental appeal to the District Magistrate, in which, on being found that the petitioner was not directly involved in the matter and he had followed the procedure during the enquiry, being a disciplined employee and also looking to the family circumstances, the punishment order was modified by means of the order dated 18.10.2002 and the petitioner has been awarded the major penalty of reduction to the lowest grade of pay i.e. at basic pay of the post of Lekhpal.