- (1.) Heard learned counsel for the parties and perused the material available on record.
(2.) By means of the instant writ petition, the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India to issue a writ in the nature of certiorari quashing the punishment orderss dated 6.1.2003 and 11.8.2003 and also to issue a writ in the nature of mandamus commanding the opposite parties not to use the said punishment orders against the petitioner to deprive him any service benefits.
(3.) Brief facts necessary for disposal of the present controversy are that the petitioner was working on the post of Junior Engineer (Civil) in U.P. Cooperative Sugar Factories Federation. During his posting in the year 2000-2001 at Sugar Mill Sarsawan, he was entrusted with the work of construction of a sugar go-down. He got the same constructed and made payment. Subsequently in the audit objection, several objections were raised regarding excess payment made by the petitioner. On the basis of the said audit objection, a disciplinary enquiry was initiated against the petitioner and one Ram Milan Singh was appointed as Inquiry Officer. The charge sheet was issued against him on 26.2.2002. The petitioner submitted his reply on 13.5.2002. After giving an opportunity of hearing to the petitioner, inquiry was concluded on 26.6.2002 wherein the petitioner was held guilty and accordingly by the impugned order dated 6.1.2003, he was inflicted with the following punishments:- (i) His three increments were stopped permanently. (ii) Order for recovery of Rs. 1,25,438/- from the salary of the petitioner. (iii) His integrity was held to be doubtful and an adverse entry was also made in his character roll accordingly. A departmental appeal was preferred against the said order and by the impugned order dated 11.8.2003, the appellate authority also dismissed the appeal of the petitioner. Feeling aggrieved by the said impugned orders, the instant writ petition has been filed.;