Vishnu Chandra Gupta, J. - (1.) Heard Sri Amit Chandra, learned counsel for the petitioner, Sri N.C. Mehrotra, learned counsel for the respondents no. 2 to 4 and Chaudhary Shatrughan, learned Standing Counsel for the State - Respondent no. 1.
(2.) By means of the present writ petition, the petitioner has challenged the order by which major punishment has been awarded to him after conducting inquiry for the charges levelled against him. The punishment awarded are mentioned in the order dated 12.02.2007 (Annexure 1 to the writ petition). The appeal preferred against that order was also dismissed by the State Government vide its order dated 31.07.2009 (Annexure 2 to the writ petition) communicated to the petitioner by letter dated 21.08.2009. Both these orders are sought to be quashed in this writ petition.
(3.) The relevant facts for deciding the present writ petition are that petitioner - Naimuddin Khan was working as Secretary, Krishi Utpadan Mandi Parishad at the relevant time. Certain irregularities were found against him while working as Secretary. On account of which departmental proceedings were initiated. The Regional Deputy Director, Rajya Krishi Utpadan Mandi Parishad, U.P., Gorakhpur - Sri R.D. Pradad was appointed as Enquiry Officer. The Enquiry Officer before completing the inquiry served the charge sheet to the petitioner on 9th October, 2003. Against the charge sheet, the petitioner submitted his reply on 15th October, 2003. Thereafter, on 12th November, 2003 a supplementary charge sheet has been served to the petitioner and the reply to the supplementary charge sheet has been given by the petitioner on 21.01.2004. Thereafter, the Enquiry Officer submitted its report on 12.02.2004 and by the impugned order dated 12.02.2007, the appointing authority after giving personal hearing to the petitioner awarded major punishment of reversion in the same pay scale at the lowest in which the petitioner was working. Two increments were also withheld with cumulative effect and an adverse entry was also recorded in his character roll and directed that he shall not be posted in Grade - A Committee in future. His integrity was also withhold. Apart from it, a recovery of Rs. 4,17,202/- was also ordered after making a provision that the amount which was realised from the traders be reduced from the aforesaid amount. Aggrieved by the aforesaid orders, the petitioner preferred appeal to the State Government which has been dismissed vide order dated 31.07.2009 communicated to the petitioner vide letter dated 21.08.2009.;