Sunil Ambwani, J. - (1.) By this petition, petitioner has prayed for quashing order dated 6.12.2001, made by Commissioner and Secretary, Board of Revenue, U.P., Allahabad awarding punishment of reversion from the post of Upper Division Assistant to the next lower post of Junior Division Assistant; a censure entry and withholding of his integrity as well as order dated 2.8.2002, by which his appeal has been dismissed by principal Secretary, Revenue, Government of U.P., Lucknow.
(2.) Petitioner was appointed as paid apprentice in Board of Revenue, U.P., Allahabad on 16.8.1993 and thereafter as Lower Division Assistant vide promotion order dated 24.8.1984. He was promoted as Assistant Superintendent, Board of Revenue, U.P. at Lucknow on 13.5.1998. Petitioner, however, did not join on the promoted post and requested that he may be continued at Allahabad and was allowed to continue as Upper Division Assistant in Board of Revenue, U.P. at Allahabad. Disciplinary proceedings giving rise to this petition were initiated against him by order dated 29.6.2000 alleging eight charges of the period when he was posted as Nazir. He was charged with making certain over-writing and cutting on the quotations with regard to minor construction works/ maintenance, thereby giving undue advantage to the contractors. Charge Nos. 3 and 4 related to payment in excess of bills, to the contractors for providing barbed wire and iron angles and for carrying out repairs in the residential quarters of Class IV employees. Charge Nos. 5 and 6 related to expenditure of Rs. 25,185/-and Rs. 66,000/- in 1996-97 by quotation, whereas he was required to notify inviting tenders for amounts over and above Rs. 5,000/-. Charge No. 7 related to purchase of five steel tables from rate contractor by adding steel tables in his quotation of M/s. Belal Furnitures and thereby making over payment of Rs. 1830/-. Charge No. 8 related to failure in making entries of the purchases of tables, chairs and coolers in the different stock registers and thus, failing to maintain true and correct accounts.
(3.) Petitioner submitted his reply on 21.7.2000 denying allegations against him. It was denied that petitioner made any interpolations in the tenders. He stated that the over writings were made by the builder himself. The tenders were approved by the then Registrar as well as the 'Member Incharge', Board of Revenue and that petitioner doing only ministerial work, could not be held responsible. In respect of Charge Nos. 3 and 4 petitioner also submitted that the bill was passed by the Registrar under the supervision of Member 'Incharge' and that the Office Superintendent was empowered to accept. He denied that he had any role to play in this work. In respect of Charge No. 7 also it was submitted that Registrar and Member Incharge had approved purchase of tables and in respect of Charge No. 8, it was submitted that the dead stock register was submitted by petitioner to the Office Superintendent. Petitioner relied upon Rule 8 of the Financial Hand Book, Vol. II to IV, Appendix XIX, which provided that Officers may be personally responsible for any incorrect entry by on in contravention of the rules and orders thereto by the Government.;