GYANENDRA NATH SHARMA Vs. STATE OF U.P. & ANR.
LAWS(ALL)-1992-4-156
HIGH COURT OF ALLAHABAD
Decided on April 21,1992

GYANENDRA NATH SHARMA Appellant
VERSUS
State of U.P. And Anr. Respondents

JUDGEMENT

S.P. Srivastava, J. - (1.) While the petitioner was posted as Excise Inspector, Circle-I, Farrukhabad, disciplinary proceedings were started against him with the service of a charge-sheet dated 3.3.89 issued by the Excise Commissioner, U.P. levelling against him three charges. The aforesaid charge-sheet was served on the petitioner on 14.3.89. The disciplinary authority instead of holding enquiry himself appointed Sri B.B. Singh, Deputy Excise Commissioner, Kanpur as the Enquiry Officer delegating in his favour the requisite authority for conducting the enquiry proceedings. The Enquiry Officer was required to submit his report. The Enquiry Officer held the enquiry after affording opportunity to the petitioner to lead evidence and submitted his report dated 4.8.90 whereunder he held the charge No.1 to have been established in part while charges Nos.2 and 3 to have been fully established.
(2.) The disciplinary authority after considering the report submitted by the Enquiry Officer agreed with the conclusions reached by him vide his order dated 25.8.90 and imposed a punishment of reduction in the time scale of pay at the minimum for a period of five years with cumulative effect with a rider that no increment shall be payable to the petitioner for the first three years. The disciplinary authority further awarded a punishment of censure and directed for making an adverse entry in his character roll.
(3.) Feeling aggrieved by the order of the Disciplinary Authority dated 25.8.90, the petitioner preferred an appeal/representation which was disposed of by the State Government vide the order dated 10.12.90 whereunder the appeal/representation was dismissed.;


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