STATE OF U P Vs. HARIHAR BHOLE NATH
LAWS(SC)-2006-11-157
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on November 01,2006

STATE OF UTTAR PRADESH Appellant
VERSUS
HARIHAR BHOLE NATH Respondents


Referred Judgements :-

STATE OF UTTAR PRADESH V. BRAHM DATT SHARMA AND ANR [REFERRED TO]
STATE OF UTTAR PRADESH VS. KRISHNA PANDEY [REFERRED TO]
BHAGIRATHI JENA VS. BOARD OF DIRECTORS O S F C [REFERRED TO]



Cited Judgements :-

STATE OF WEST BENGAL & ORS, VS. ASWINI KUMAR MAHATO [LAWS(SC)-2016-6-53] [REFERRED TO]
BENULAL DUTTA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2017-9-3] [REFERRED TO]
CHAIRMAN-CUM-MANAGING DIRECTOR, MAHANADI COALFIELDS LIMITED VS. RABINDRANATH CHOUBEY [LAWS(SC)-2020-5-22] [REFERRED TO]
GOVERNMENT OF A P VS. V APPALA SWAMY [LAWS(SC)-2007-1-10] [REFERRED TO]
V PADMANABHAM VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(SC)-2009-7-140] [REFERRED TO]
PALVAISH VS. UP POWER CORPORATION LTD [LAWS(ALL)-2009-8-17] [REFERRED TO]
OM PRAKASH SRIVASTAVA VS. HONBLE HIGH COURT OF JUDICATURE OF ALLAHABAD & 5 ORS [LAWS(ALL)-2016-7-254] [REFERRED]
JAGDISH PRASAD (RETIRED ASSISTANT LAKHA PREKSHAK ) VS. GOVERNMENT OF U P AND 3 OTHERS [LAWS(ALL)-2018-2-120] [REFERRED TO]
GOUR CHANDRA SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-5-13] [REFERRED TO]
M.S. JOGIA VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-2-210] [REFERRED TO]
SURENDRA PAL VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-12-81] [REFERRED TO]
KSH RANJIT SINGH VS. STATE OF MANIPUR AND ORS. [LAWS(GAU)-2012-2-167] [REFERRED TO]
SUKHU RAM VS. STATE OF U P & 3 ORS [LAWS(ALL)-2018-3-137] [REFERRED TO]
GAYA PRASAD YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-9-95] [REFERRED TO]
SMT. S. VILASINI VS. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF FINANCE AND THE COMMISSIONER OF SERVICE TAX [LAWS(CA)-2014-3-39] [REFERRED TO]
KASHINATH BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-1-76] [REFERRED TO]
UDHO PRASAD SHARMA VS. CHHATTISGARH STATE CIVIL SUPPLIES CORPORATION LTD. AND ORS. [LAWS(CHH)-2015-11-28] [REFERRED TO]
L. VENKATESWARLU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-4-80] [REFERRED TO]
UNION OF INDIA VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(APH)-2023-8-53] [REFERRED TO]
SHIVAGOPAL VS. STATE OF U P AND 4 OTHERS [LAWS(ALL)-2019-5-104] [REFERRED TO]
NOIDA ENTREPRENEURS ASSOCIATION VS. NOIDA [LAWS(SC)-2011-5-28] [REFERRED TO]
C. MATHESU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2013-4-73] [REFERRED TO]
K MARIMUTHU VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2009-10-90] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)Interpretation and application of Regulation 351-A of the Civil Service Regulations falls for consideration in this appeal which arises out of a judgment and order dated 29.3.2005 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow allowing the Writ Petition No.435 of 2002 filed by Respondent herein.
(3.)The basic fact of the matter is not in dispute. Respondent was appointed as a Clerk. He rose up to the position of Deputy Inspector General of Registration. He was charged with commission of misconduct involving gross irregularities while he was posted at Faizabad on preliminary enquiry by the then Inspector General of Registration, pursuant whereto and in furtherance whereof a charge-sheet dated 22.3.1993 was served on him on 24.3.1993, and an Enquiry Officer was appointed, stating :
"O.M.No.S.R.1605/11-93-312(58)/93 dtd.24th March, 1993 issued by the Special Secretary to the Government of Uttar Pradesh

Government of Uttar Pradesh Finance (Stamp and Registration, Section No.S.R.1605/11-93-312(58)/93

Lucknow : The 24th of March, 1993 (Issued on 24.3.1993)

Office Memorandum

Whereas on the charge of dereliction of duty indulging in irregularity and causing financial loss to the (Government) revenue, an enquiry against Shri Harihar Bhole Nath Misra, Deputy Inspector General of Registration, Faizabad Division and whereas Shri Harihar Bholenath Mishra is expected that he will submit his written explanation, in his defence, to the charge/charges.

2. Now, therefore, his Excellency the Governor is pleased to appoint the Inspector General of Registration as Enquiry Officer, for conducting the enquiry against Shri Harihar Bholenath Misra.

3. The aforesaid officer Shri Harihar Bholenath Misra will submit his written explanation, in his defence, to the Enquiry Officer, within the period prescribed by the said Enquiry Officer.

4. The Enquiry Officer will conduct an open enquiry wherein the delinquent/charged officer will, if he so desires, be afforded an opportunity for his hearing in person, and the delinquent/charged officer will be given an opportunity to cross-examine the witnesses examined in support of the charge and also to produce witnesses in his defence. In this regard, the procedure contained in Rule 55 of the Civil Service (Classification, Control and Appeal) Rules and the procedure notified by the Government of Uttar Pradesh, will be followed.

5. On the completion of the enquiring, the Enquiry Officer, shall improve the enquiry report under aforesaid Rule 55.

6. The enquiry officer will complete the enquiry Report as expeditiously as possible and submit the same.

7. Shri Harihar Bholenath Mishra is hereby informed that he will appear in person, before the Enquiry Officer on the date prescribed for the hearing and comply with the directions given in respect of the said enquiry and submit his any prayer in respect of the enquiry before the enquiry officer and the enquiry officer shall dispose of the same in accordance with the rules.

By the order of the Governor

Sd/-

Sushil Chand Tripathi

Secretary"



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