RAKESH TIWARI, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THE petitioner was appointed as Collection Amin in the year 1976 and was confirmed on the said post in the year 1984. The services of the petitioner are governed by U.P. Government Servant (Discipline and Appeal) Rules, 1999, hereinafter referred as the 1999 Rules. By an order dated 3 -7 -1999 passed by the Deputy District Magistrate. Badlapur the petitioner was suspended and the Tehsildar, Badlapur was appointed as Inquiry Officer. Subsequently, a charge -sheet was issued by the Deputy District Magistrate dated 22 -10 -1999, Annexure -2 to the writ petition was issued by the Deputy District Magistrate. It is alleged that the charge -sheet was not approved by the Collector, Jaunpur, which is against the procedure prescribed under Rule 7 of the 1999 Rules.
(3.) THE petitioner filed a representation dated 5 -11 -1999 before the Deputy District Magistrate, Badlapur requesting that he should be supplied a copy of the report dated 3 -7 -1999 to enable him to file his reply to the charge -sheet. From Annexure -4 to the writ petition, it appears that in the meantime a review (samiksha) of the charges levelled against the petitioner was done by the Tehsildar, who submitted a report on 24 -5 -2000. The charges levelled against the petitioner are as under: (1) The Collection Amin has made a total recovery of Rs. 4191 -25 paise within a period of one month two days, which is only 4% of the Target. (2) He has not submitted the report on the date fixed. (3) The Collection Amin has not given any tour programme and has not submitted his reply in spite of seven months' time having been elapsed. (4) The charge -sheeted Amin was not found at his place on 11 -6 -1999, 12 -6 -1999 and 20 -6 -1999 during tour made by the Naib Tehsildar. (5) The Collection Amin had submitted a medical certificate in the previous year when the recovery was low due to bad crops. (6) The Collection Amin had collected very low revenue and filed a Medical Certificate on the pretext that he was ill. ;