- (1.) WE have heard Sri Hemant Kumar, for the petitioner. Learned standing counsel appears for the respondents.
(2.) THE petitioner has prayed for quashing the orders dated 8.7.2005, and 5.10.2006, by which the State Government has punished him by withholding five increments of his pay with permanent effect. The petitioner was serving as District Assistant Registrar, Cooperative Societies, Basti. A departmental enquiry was held against him on the allegations in the charge sheet dated 29.12.1999, that when he was posted as Assistant Registrar, Cooperative Societies, Basti on 28.8.1998, he was required by the Deputy Registrar, Cooperative Societies, U.P. Basti by letters dated 17.8.1998 and 27.8.1998, to lodge an FIR against Sri Devanand Shukla, Secretary Regional Cooperative Society Ltd., Pandey Bazar, Basti. He did not complete the enquiry till 3.1.1999, and was thus guilty of misconduct under the U.P. Cooperative Service and Conduct Rules 1956. In the second charge, it was alleged that Sri Devanand Shukla had obtained an interim order in writ petition No. 36511 of 1998 on 20.11.1999. He has used, enquiry report dated 23.10.1998 and the letter of the Deputy Registrar, Cooperative Societies, U.P., Basti addressed to the petitioner on 17.8.1998 in the writ petition to obtain stay order. Apart from providing these documents to Sri Devanand Shukla, it was alleged that the petitioner filed a counter-affidavit in the writ petition with delay, in December 1998, to benefit Sri Devanand Shukla, in order to obtain interim order. The charge No. 3 related to letter of the petitioner dated 31.10.1998, in which he had alleged that Sri Raghubar Singh, Additional District Cooperative Officer/Enquiry Officer of Sri Devanand Shukla had not entered correct facts in the enquiry report dated 23.10.1998, and thereby raised a doubt over his integrity. The Deputy Registrar, Cooperative Societies, U.P. Basti had directed the petitioner to lodge FIR, and to produce charge sheet with evidence within a week, for taking disciplinary action against the concerned Additional District Cooperative Officer. it is alleged that the petitioner vide letter dated 25.11.1998 assured to issue charge sheet, but did not prepare it, nor lodged FIR, which was ultimately lodged through Sri Udai Prakash, A.D.C.O., on 4.1.1999. In the fourth and last charge, it was alleged that the petitioner had failed to take effective steps against Sri Devanand Shukla, failing to carry out the orders dated 1.12.1998, passed by the Deputy Registrar, Cooperative Societies, U.P. Basti, and further vide letter dated 2.1.1999 the petitioner made a recommendation to allow Sri Devanand Shukla to be attached with the cadre office. The petitioner submitted his reply to the charge sheet, denying the allegations. It was alleged by him that he was posted at Basti, and had joined on 28.8.1998. Prior to his posting, no directions were given to him to lodge FIR against Sri Devanand Shukla. The letter dated 17.8.1998 of the Deputy Registrar, Cooperative Societies, U.P. Basti was received by his predecessor, prior to joining of the petitioner, to suspend Sri Devanand Shukla, and to initiate departmental enquiry against him. The petitioner stated that in pursuance to the decision taken by the District Administrative Committee vide resolution No. 2 (Ja) dated 2.11.1998, Sri Udai Prakash, A.D.C.O, was appointed as enquiry officer on 3.11.1998. He had completed the enquiry, submitted his report on 20.12.1998, and prepared a charge sheet on 26.12.1998, which was reviewed and completed by the petitioner on 30.12.1998. Thereafter proceedings were taken, to lodge FIR on 2.1.1999. All these steps were taken by the petitioner, in compliance with directions of the Deputy Registrar, Cooperative Societies, U.P. Basti. He did not fail to carry out the orders, and did not commit any misconduct. With regard to filing of counter-affidavit in the writ petition filed by Sri Devanand Shukla, the petitioner submitted in his reply that as soon as he received copy of the writ petition on 30.11.1998, he had contacted the Advocate, reached Allahabad on 7.12.1998, and filed the counter-affidavit on 8.12.1998. He had filed the counter-affidavit within seven days of receiving copy of the writ petition.
(3.) IN respect of third charge, the petitioner submitted in his reply that though orders were given by the Deputy Registrar, Cooperative Societies, U.P. Basti to lodge FIR on 9.11.1998, the petitioner could not have filed FIR until he had collected all the facts and had verified the evidence, and confirmed the amount which were alleged to be embezzled by Sri Devanand Shukla. The petitioner examined all the allegations against Sri Devanand Shukla. The enquiry officer submitted his report on 20.12.1998 and the charge sheet on 26.12.1998. There were discrepancies in the accounts and missing entries. The petitioner examined the enquiry report and charge sheet, and after making necessary amendments on 30.12.1998, gave final shape to the FIR. IN the meantime the petitioner met the Commissioner and informed him of the facts. The Commissioner had orally accepted the petitioner's request, to collect the facts, and complete the preliminary enquiry before lodging the FIR. It is alleged that the enquiry officer did not fix any date for holding enquiry. He did not ask the department, to lead any evidence. He gave notice to the petitioner to appear before him, and to give his reply. The petitioner thereafter appeared and filed his written statement on 20.1.2000, with a request that he should be allowed to lead evidence in the departmental enquiry, in case his reply is not satisfactory.;