Sunil Ambwani, J. - (1.) Heard Ms. Anu Jaiswal for petitioner and Sri M.P.S. Niranjan for respondent-Corporation.
(2.) The petitioner was appointed as Junior Clerk in Central Workshop of U.P. State Road Transport Corporation at Kanpur, and was posted at the sub-section Training Centre, Kanpur. By an order dated 25.10.1980 passed by Deputy Technical Engineer on 27.10.1980, he was placed under suspension. An FIR was lodged against the petitioner and other officers reporting that Sri K.G.N. Khare, Junior Foreman, and the petitioner working as Junior Clerk in the Training Center prepared false payment sheets and forwarded it to the Account Department after its verification from time office; for payment of wages to the apprentices. Sri Phool Mohd. Qadari, Clerk in the Accounts Section was also found to be involved in conspiracy as he did not take any notice of the over writings, and cuttings in the payment sheets prepared by the petitioner. It was reported that a sum of Rs. 29,835.30 was embezzled by preparing false payment sheets and making payments to the apprentices who were not present on the working days. A charge sheet was submitted and the Criminal Case No. 1252 of 1983 under Sections 465, 471, 409 IPC is said to be still pending in the Court of Metropolitan Magistrate, Kanpur,
(3.) The petitioner was given a departmental charge sheet on 5.5.1981. Initially Sri S.P. Gupta, Accounts Officer was appointed on 13.10.1981. On 7.12.1981 Sri Hukum Singh was appointed as Inquiry Officer. Subsequently Inquiry Officer was changed twice, Sri Sobha Ram was appointed as Inquiry Officer on 10.5.1983 and Ms. Zaidi who completed the enquiry, was appointed on 9.10.1983. The petitioner submitted his reply on 4.6.1981 denying his involvement and the liability. He pleaded that the departmental proceedings may be stayed until the criminal case is decided. In Para 10 of his reply, he submitted that he was not assigned duties for payment. The payment bills were prepared by other officers and that the training officer, after his satisfaction, used to issue the payment order on his own, after which the payment was made by other officers. The petitioner pleaded that he was not responsible for making payments.;