R.B. Misra, J. - (1.) HEARD Sri H. S. Jain, learned Counsel for the petitioner, Sri K. R. Sirohi, learned Standing Counsel for the High Court, Allahabad, and Sri Neeraj Upadhyaya, learned Standing Counsel for the State of UP.
(2.) THE petitioner has prayed for quashing the order dated 12.5.2004 (Annexure -I to the writ petition) of the Chief Justice of High Court of Judicature at Allahabad (hereinafter in short called as the 'High Court') (on the Administrative Side) issued by the Registrar General of High Court, whereby in reference to the alleged charges of owning chauffeur driven 'Maruti Esteem Car' wearing similar dress as other drivers of the High Court and for using clips and red -blue light on the top of vehicle, and for inscribing 'HIGH COURT1 on the front and rear part of the car and for unauthorisedly parking the same in the area prescribed for Hon'ble Judges only. The petitioner in view of inquiry report was held guilty of misconduct and while punishing and stopping one annual increment cumulatively, the petitioner was held to be entitled only to the payment as paid to him as subsistence allowance during his suspension. The petitioner has further prayed for issuance of writ of mandamus commanding the respondents for payment of his full salary and increments during the suspension period, along with declaring the provisions of Rule 12(2) of 'The Allahabad High Court Private Secretaries (Condition of Service) Rules, 2001' (hereinafter in short called as the 'Rules, 2001') as inoperative and void. The brief facts relevant for adjudication of this petition are that the petitioner is a Private Secretary in the High Court, he was placed under suspension on 1.5.2002 and was served with a charge -sheet dated 18.11.2002 along with the memo of charges and evidences relied upon. The charges levelled against the petitioner in nutshell are as follows : "That you, during the year 2002 while posted as Private Secretary, Lucknow Bench of Allahabad High Court owned and maintained white Maruti Esteem Car (Model -1993), bearing registration No. U.P. 32 -AA 786. The said Car had an inscription 'High Court' on its front and rear side. The Car had also arrangement for red/blue beacon light on the top. It was being driven by driver who used to bear similar dress and Cap, as is provided to High Court drivers. The said Car was also parked at the place, meant for keeping the Cars of Hon'ble Judges. It shows your clear cut insubordination, indiscipline, impersonation and also keeping the property disproportionate beyond your means. It also shows must unbecoming conduct on your part as Government servant. You have failed to maintain absolute integrity and thus, you have committed misconduct within the meaning of Rule 3 read with Rule 24 of U.P. Government Servant Conduct Rules, 1956."
(3.) SRI N. C. Sinha, Special Officer (Vigilance) of the High Court, had made the inquiry as an Inquiry Officer. Reply to the above charge -sheet was submitted by the petitioner on 21.12.2002. In support of the charges, statement of Sri P. D. Kaushik, the then Registrar of High Court (Lucknow Bench), was recorded, who has proved his version, and the petitioner also in support of his contentions has examined four defence witnesses e.g. Sadik Husain as D.W. -l, Satya Narain as D.W. -2, Girja Shanker as D.W. -3 and Raj Kumar as D.W. -5 apart from himself as D.W. -4. in support of his defence, the petitioner also produced a letter dated 5.12.2002 of Former Senior Judge of the High Court, according to which the petitioner was allowed by him to part his car in scheduled area and the petitioner had also filed his written submission on 7.1.2004 before the Inquiry Officer.;