SAYYED MOHAMMAD NAFEES Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who was employed in the District Judgeship, Sitapur, retired from service on 31.05.2009. Initially, in the year 1977, the petitioner was appointed on the post of Stenographer and, thereafter he was placed in the pay-scale of Rs.5500-9000, which was the pay-scale of Personal Assistant. The petitioner was, subsequently, placed in the Selection Grade of Rs.6500-10500.

(2.) The petitioner absented from duty from 05.11.2008 to 12.01.2009 without moving any application for leave. Thereafter, the petitioner reported for duty on 13.01.2009. The petitioner applied for leave, but he was asked to submit application for leave in a proper proforma along with medical/fitness certificate. The petitioner was allowed to join the service on 29.01.2009.

(3.) For his long unauthorized absence from duty, the petitioner was served with charge-sheet dated 03.02.2009. Inquiry Officer, who was appointed to conduct the departmental inquiry, submitted the inquiry report dated 31.03.2009, finding the charge proved against the petitioner. The petitioner was issued a show-cause-notice and after receipt of his reply to the show-cause notice, order of punishment dated 29.04.2009 was passed thereby placing the petitioner in pay-scale of Rs.4500-7000, thus, taking away his two promotional grades.