- (1.) THIS writ petition impugns an order dated 22.11.1995 passed by U.P. Public Services Tribunal No. III, Lucknow, in Claim Petition No. 308/F/III/1992 (Ajay Singh Yadav v. State of U.P. and Ors.) whereby the punishment order of censure and withholding of two increments with cumulative effect dated 28.01.1992 as also the adverse entries by the Excise Commissioner dated 30.10.1991 have been quashed.
(2.) THE operative portion of order reads as; The claim petition is allowed. The impugned order of punishment as contained in Annexure -7 and the adverse entries awarded to the petitioner by annexure -2 dated 30.10.91/19.12.91 are quashed being illegal and bad. The order of the appellate authority annexure A -1 and A -2 are also quashed. The adverse entries recorded by the Commissioner (Excise) on 3.10.91 shall be expunged from the character roll of the petitioner. The remaining portion of the entries shall remain. The salary, if any deducted from the salary of the petitioner, as a result of the passing of the punishing order annexure -7 shall be paid to the petitioner. The opposite parties are further directed to consider the petitioner for promotion on the post of Assistant Commissioner (Excise) w.e.f. the date his juniors have been promoted as such, in accordance with the rules and the Government G.Os. The opposite parties are further directed to consider the petitioner for crossing of the efficiency bar w.e.f. January, 1991 and in case, he is permitted to do so, then the petitioner shall be paid all the salary consequent on his crossing of the efficiency bar and the grant of promotion, in accordance with the Govt.G.Os. and as per rules. The opposite parties are also directed to consider the petitioner for the grant of promotion scale w.e.f. the date his juniors were granted the said scale, as per rules and according to the Govt.G.Os. and in case, the petitioner is sanctioned the promotion scale, then he shall be entitled to all the arrears of salary etc., if any. Cost is made easy. Let the judgment be complied with within three months from the date of its receipt. It appears that Respondent No. 1 joined the post of Excise Inspector on 15.09.1972 and for the year 1990 -1991 his work and conduct were certified by District Excise Officer concerned. The same was approved by Assistant Commissioner (Excise), Deputy Commissioner (Excise) and the then District Collector, Nainital. However, without giving any notice and assigning special reasons, the then Excise Commissioner who did not have opportunity to closely watch the work and conduct of Respondent, recorded an adverse entry while certifying the integrity vide the entry dated 30.10.99. It also appears that the Respondent suffered a punishment of censure and withholding of two increments with cumulative effect in an enquiry held against him on different charges vide order dated 28.01.1992. It further appears that while disagreeing with the report of Enquiry Officer who had exonerated the Respondent No. 1 of all the charges, the then Excise Commissioner, U.P. recorded the aforesaid punishment without issuing a show cause. In this background, the Respondent No. 1 filed a Claim Petition before the U.P. Public Services Tribunal No. III, Lucknow, and vide the impugned order dated 22.11.1995 the Tribunal has quashed the adverse entry as well as the order of punishment.
(3.) WE have heard learned Counsel for parties and perused the records.;