Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner Sri H. N. Tripathi and Sri S. S. Sharma the learned Standing Counsel and Sri O.P. Singh.
(2.) This writ petition has been filed challenging the order dated 16.12.1991 passed by the Upper Nibandhak (Prashasan) Co-operative Societies, U.P., Lucknow by which the punishment has been awarded to the petitioner in disciplinary proceedings. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being finally decided.
(3.) Facts of the case as emerge from the pleadings of the parties are that the U.P. Co-operative Union, Lucknow, appointed the petitioner on 10.5.1958 as Cooperative Supervisor. On 8.2.1979 petitioner was appointed as Inspector (Group II). Petitioner with effect from 1.3.1979 has been working on the post of Inspector (Group II). In 1988 petitioner was posted as Cooperative Inspector Group II and Cooperative Marketting Society, Chandausi, Moradabad, A disciplinary enquiry was initiated against the petitioner and he was placed under suspension by the order dated 21.4.1990. A charge sheet dated 28.4.1990 was issued to the petitioner containing fifteen charges. The Enquiry Officer submitted a report against the petitioner. In the enquiry report charges No. 1, 4, and 12 were found proved against the petitioner and charge No. 6 partly proved. After receiving the enquiry report a show cause notice dated 27.9.1991 was issued to the petitioner. In the show cause notice the punishing authority stated that petitioner to show cause with regard to charges No. 1, 2, 8, 12, 13, 3, 6, 9 and 11. Petitioner was exonerated only from the charges No. 5, 7, 1 and 14. Show cause notice also stated that it is proposed to revert the petitioner on the post of Co-operative Supervisor apart from certain other punishment. Petitioner gave reply to the show cause notice. The disciplinary authority passed the order dated 16.12.1991 awarding following punishment: (i) Petitioner was reverted on the post of Co-operative Supervisor with immediate effect. (ii) No salary or allowance be paid to the petitioner during the suspension period apart from the suspension allowance already paid. (iii) The period of suspension will not be treated as service period, (iv) A censure entry was awarded in the character roll.;