V.K.SHUKLA, J. - (1.) YOGENDRA Ram Chaurasia, petitioner has approached this Court with request to quash the order dated 28.1.2011 passed by the Commanding Officer, 100 U.R. Battalion N.C.C., Varanasi proceeding to dispense with the services of the petitioner as well as order dated 26.4.2011 passed on behalf of the Additional Director General, N.C. Directorate, U.P. Lucknow dismissing the appeal preferred on behalf of the petitioner. Petitioner was appointed as Lascar Class IV post with the respondents authority on 30.4.1994. Petitioner was posted at different Batallion and lastly was posted on 11.6.2008 at 100 U.P. Battalion, Varanasi. While petitioner was performing duty, he has been placed under suspension on 19.6.2010 followed by departmental Charge -sheet on the same date. Charges levelled against the petitioner was to the effect that petitioner had submitted forged claim for reimbursement of medical bill expense on account of medical treatment of the wife of the petitioner for amounts of Rs. 15,928, Rs. 16,695 and Rs. 3,580 respectively. The charge -sheet recorded fact to the effect that the cash memo issued by M/s. Calson Pharmaceutical, Khajuri Road, Pandeypur, Varanasi was forged as no shop in the said name presently existed nor did there exist any permission for running of such shop. It has further recorded that a document for an amount of Rs. 3,580 issued by M/s. Shivam Medical Store, Akath Tiraha, Ghazipur Road, Varanasi was neither a cash memo nor a bill and as such no payment was liable to be made against the same. Further during the course of preliminary enquiry, petitioner has misbehaved with superior officials. In respect to the aforementioned Charge -sheet dated 19.6.2010, the petitioner submitted his detailed reply on 23.6.2010. Petitioner was subjected to departmental inquiry and thereafter, inquiry officer submitted his report on 18.9.2010 holding the petitioner guilty of the charges levelled against him. Thereafter, copy of the inquiry report was supplied to the petitioner alongwith show -cause notice. Thereafter, petitioner submitted his reply on 11.1.2011 and then order was passed on 28.1.2011 by the Commanding Officer, 100 U.P. Battalion, N.C.C. Varanasi dispensing with the services of the petitioner. Thereafter, petitioner preferred appeal before the Additional Director General, N.C. Directorate, U.P Lucknow and same has also been dismissed. At this juncture petitioner is before this Court. Counter -affidavit has been filed disputing the averment mentioned in the writ petition and rejoinder -affidavit has been filed disputing the averment mentioned in the counter -affidavit After pleadings mentioned above have been exchanged, thereafter, present writ petition has been taken up for final hearing/disposal with the consent of the parties.
(2.) SRI . R.S. Ram, learned counsel for the petitioner contended with Vehemence that in the present case charges levelled against the petitioner could not have been brought home by the authority concerned on the basis of evidence led and on mere surmises and conjecture petitioner has been awarded punishment of dismissal from the service which is not at all commensurate to the charges mentioned and in view of this orders passed are liable to be quashed.
(3.) COUNTERING the said submission, learned Additional Chief Standing Counsel Sri Ravi Shankar Prasad on the other hand contended that from the evidence available on record, charges have been brought home and in exercise of authority of judicial review, this Court cannot at all appreciate the evidence in question, as such writ petition deserves to be dismissed. After respective arguments have been advanced, factual situation which has so emerged in the present case is that petitioner had been charge -sheeted on two counts, (i) petitioner had submitted forged medical bill for an amount of Rs. 15,928, Rs. 16,695 issued by M/s. Calson Pharmaceutical, Khajuri Road, Pandeypur, Varanasi and bill for an amount of Rs. 3580 issued by Shivam Medical Store, Akath Tirana, Ghazipur Road, Varanasi, whereas the shop M/s. Calson were never existed and bill issued by Shivam Medical Store same was neither cash memo nor bill, (ii) the petitioner during course of preliminary inquiry he has misbehaved with superior officer. Enquiry Officer submitted his report as follows: Charge No. 1: This charge basically pertains to preferring of false and fraudulent medical claim by Mr. Yogendra Ram Chaurasia suspended Lascar of 100 U.P. Bn. NCC, Varanasi in respect of treatment of his wife Smt. Malti Devi. (i) The under stated evidences prove/establish non -existence of medical shop by the name of Calson Pharmaceuticals located at Khajuri Road, Pandeypur, Varanasi. (aa) Letter No. 2009 -10/5144 dated 13.11.2009 signed by C.M.O. Varanasi enclosed as Appx -C (ab) In letter No. Yogendra/100/NCC dt. 15.9.2010 the CMO Varanasi has endorsed his report on the same letter at the bottom right comer alongwith his stamp and signature dt. 9.12.2010 enclosed as appx 'D'. (ac) Report submitted by the Police Chauki, Orderly Bazar, Varanasi enclosed as Appx 'E' (ad) Certificate Parshad (Ward Councillor) Varanasi dated 15.12.2009 enclosed as Appex "F" (ae) Para 3 (three) of statement of J.C. 529998 Sub Bhubneshwar Prasad of 100 UP Bn. NCC, Varanasi statement enclosed. (af) Answer to question No. 2 of Sri Yogendra Ram Chaurasia in the statement of No. 221 Wg. Cdr. V.P. Agrawal, CO 7 Air Sqn NCC, Varanasi statement enclosed. (ii) The total of the Estimates amount to Rs. 3584 of Shivam Medical Store Akhta Tiraha, Pahariya, Varanasi have been enclosed alongwith the medical claim in respect of wife of Shri Yogendra Ram Chaurasia. these are neither proper medical bills nor cash memos. The same are enclosed as evidence as Appx 'G'. Hence the charge is proved beyond doubt. (iii) the factual reality or correctness of the fact that the medical bills/cash memos with respect to the hospitalization of wife of Shri Yogendra Ram Chaurasia pertains to her pre or post hospitalization, could not be established. Letter of Dr. S.P. Yadav in this regard is enclosed as appx "H". Therefore, this sub -charge is not proved. Charge No. 2. This charge basically pertains to indiscipline, mis -behaviour and misconduct of Shri Yogendra Ram Chaurasia suspended Lascar of 100 of U.P. Bn. NCC, Varanasi during Court of Inquiry conducted by No. 22154 Wg. Cdr. V.P. Agrawal, CO 7 Air Sqn NCC, Varanasi to establish prima facie case against him prior to the commencement of this departmental inquiry. (i) Evaluation of statement of No. 221543 Wg. Cdr. V.P. Agrawal, CO 7 UP Air Sqn NCC, Varanasi (para 3 in particular) statement enclosed. (ii) Evaluation of statement JC529998 Sub Bhubneshwar Prasad of 100 UP Bn. NCC, Varanasi (para 4 in particular) statement enclosed. (iii) Evaluation of statement JC -1560044 K NB subn V.S. Ram of 97 UP Bn. NCC, Varanasi (in reply to question No. 1 by Presenting Officer in his own statement) statement enclosed. (iv) Own statement of Sri Yogendra Ram Chaurasia during the Court of Inquiry conducted by No. 22154 Wg. Cdr. V.P. Agrawal, CO 7 Air Sqn N.C.C., Varanasi, Enclosed as Appx 'L' (v) Hence the said charge is proved/established beyond doubt. ;