VINOD RAI S/O SURESH RAI Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-5-94
HIGH COURT OF UTTARAKHAND
Decided on May 04,2012

Vinod Rai S/O Suresh Rai Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Heard Mr. Bhagwat Mehra, the learned counsel for the petitioner and Mr. N. S. Pundir, the learned brief holder for the State.
(2.) The petitioner at the relevant moment of time was discharging his duties as Incharge District Entertainment Tax Inspector. The petitioner was placed under suspension by an order dated 02nd August, 2008. Subsequently, on 12th February 2008, a chargesheet was issued in which six charges were levelled against him. The charges leveled against the petitioner was basically unauthorized absence from duty, delay in sending monthly report to the higher authorities, nonmaintenance of registers, purchase of computer without taking permission from the superior authority and non-compliance of the audit objection. The petitioner submitted his reply, which was not found satisfactory and, an enquiry officer was appointed. The enquiry officer submitted his report indicating that some of the charges were partially proved against the petitioner. The disciplinary authority disagreeing with the enquiry report passed an order dated 18.02.2009 removing the petitioner from service.
(3.) The petitioner, being aggrieved, filed an appeal under the Uttaranchal Government Servant (Discipline and Appeal) Rules, 2003. The appellate authority by its order disapproved the action of disciplinary authority and held that the charges leveled against the petitioner was not of a serious nature, which warranted the dismissal of service. The appellate authority further found that there is no allegation of financial irregularity or embezzlement of money. The appellate authority also found that more serious charges were leveled against other employees of the department, who were only awarded censure entries, whereas the petitioner who had lesser serious charges was awarded a major penalty of dismissal from service. The appellate authority while reconsidering the matter found that some of the charges stood partially proved against the petitioner and, on that basis, allowed the appeal to the extent by modifying the order of dismissal to an order of reversion.;


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