RAKESH TIWARI, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for respondents.
(2.) THE background of the case is that petitioner was appointed as Area Rationing Officer in department of Food and Civil Supplies U.P. in the year 1973. He was promoted as District Supply Officer in January, 1974. During his service tenure, he was posted at various places. The Government vide G.O. dated 30.8.1976 provided preference to some unions for nomination of agent with regard to import of slack coal and soft coke import distribution. In May, 1983 after being transfered from district Aligarh to Mathura as District Supply Officer, petitioner is said to have on the report submitted by the Supply Inspector, issued a licence on 12.2.1985 to a firm M/s India Coal Company.
(3.) ON the recommendation of the petitioner during period of February, 1985 to June 1985 coal was alloted to the firm M/s India Coal Company (hereinafter referred to as the 'Firm') but Form No. 36 was not issued to it by the Trade Tax Department and, as such, tax liability upon the firm could not be imposed. Subsequently, the licence of the firm was cancelled on 30.1.1986 and the Under Secretary confidential Section 8, Lucknow issued direction for investigation of petitioner's conduct wherein it was revealed that there was a tax evasion by the said firm situated at 11/38, Sita Nagar, Agra and the matter was referred to economic offences wing. On reference to the Station Officer, Loha Mandi, Agra, FIR was lodged against the Firm as Case No. 761/1999 under Sections 420, 467, 468, 471,120-B IPC and under Section 13(2) of Prevention of Corruption Act against the petitioner, Hardwari Lal Vashistha. From perusal of the F.I.R., it appears that allegation against the petitioner was that he was colluded with the said firm and had issued licence at the forged address. The order dated 27.3.2003 reads thus: JUDGEMENT_688_TLALL0_2013.jpg;