- (1.) HEARD Sri Rohit Kumar Singh, learned counsel for the petitioner and Ms. Suman Sirohi appearing on behalf of respondents.
(2.) BY means of present petition the petitioner has challenged the punishment order dated 29th November, 2001 and appellate order dated 12.8.2003. The petitioner was working as a Clerk. In the year 2000 he was posted in U.P. Cane Cooperative Department. In November, 1994 the petitioner was transferred from Sahakari Ganna Samiti, Majholu, Pilibhit to Bandaun as a Clerk. The petitioner has been given charge of the Accountant on retirement of Sri Surajbhan Khandelwal. It appears that in the year 1995 some farmers gave application for advance payment towards seed. The payment to such farmers has been recommended by Sri Kamta Prasad Verma, Ganna Parvekshak and the Secretary Sri Devendar Prasad Gupta has ordered for the payment. It appears that earlier the procedure was to make the payment by cash but instead of making the payment by cash the petitioner made the payment by cross cheque. The inquiry proceeding has been initiated against the petitioner for two charges namely:- (1) JUDGEMENT_5_TLALL0_2014.jpg
(3.) THE petitioner filed reply. On consideration of the reply the Inquiry Officer submitted the inquiry report dated 5th May, 2001 which is Annexure-8 to the writ petition. In the inquiry report charge no.1 was found partly proved and the charge no.2 was not found proved. The Disciplinary Authority thereafter issued a show cause notice proposing the punishment that why the petitioner should not be dismissed. In the show cause notice it is also observed that in respect of charge no.2 the Inquiry Officer has observed that in pursuance of the direction of the Secretary the payment has been made by cross cheque while no evidence has been adduced, therefore, this charge also stands proved. The petitioner filed reply to the show cause notice. By the impugned order dated 29th November, 2001 the petitioner has been punished as follows:- JUDGEMENT_5_TLALL0(1)_2014.jpg;