- (1.) We have heard Shri Siddharth, learned counsel for the petitioner and Shri Mohd. Isa Khan, learned counsel for the respondents. The Affidavits have been exchanged between the parties, and with the consent of learned counsel for the parties, the Writ Petition is being disposed of at this stage. The petitioner has filed the present Writ Petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 14.6.2004 (Annexure 6 to the Writ Petition) passed by the respondent No. 2 (Cantonment Board, Meerut) and the Appellate Order dated 27.4.2007 (Annexure 8 to the Writ Petition) passed by the respondent No. 1 (General Officer, Commanding-In-Chief, Central Command, Lucknow Cantt).
(2.) As per the averments made in the Writ Petition, the petitioner was appointed on the post of Pound Keeper on 2.8.1976. The petitioner was promoted/appointed as Stenographer by Office Order dated 20.5.1983. Thereafter, the petitioner was further promoted in the Supervisory Grade by the Cantonment Board and was posted as Accountant and further on 10.12.1998, the petitioner was posted as Revenue Superintendent in the Cantonment Board, Meerut. While the petitioner was posted as Revenue Superintendent, Meerut, he was placed under suspension on 7.11.2002, and an inquiry was ordered against the petitioner, and the Memorandum of Charge dated 4.12.2002 was served upon the petitioner. Copy of the Memorandum of Charge has been field as Annexure CA-2 to the Counter-affidavit filed on behalf of the respondents.
(3.) Four charges were leveled against the petitioner in the said Memorandum, namely, Article No. 1: Shri Kamal Jeet Singh while functioning as Revenue Superintendent during the period 3.12.1998 to 7.11.2002 has committed gross misconduct unbecoming of public servant; thus violated the provisions of Rule 3 of CCS (Conduct) Rules, 1964. Article No. 2: That during the aforesaid period and while functioning in the aforesaid office, the said Sri Kamal Jeet Singh has misused his official position for personal monetary gain in violation of the provisions of Cantonments Act, 1924. Article No. 3: That during the aforesaid period and while functioning in the aforesaid office, the said Shri Kamal Jeet Singh has received illegal gratification for transfer of liquor shop which is in gross violation of conduct rules and his conduct is unbecoming of public servant. Article No. 4: That during the aforesaid period and while functioning in the aforesaid Office, the said Shri Kamal Jeet Singh was found involved in allowing illegal hoardings in Cantt Area without permission of the Competent Authority and without deposit of revenue in Cantt Fund treasury. He thus committed gross misconduct and is guilty of misuse of official position for personal monetary gains in violation of provisions of CCS (Conduct) Rules, 1964.;