- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 9.7.2012 passed by the respondent no.2 i.e. District Magistrate, Jhansi (Annexure No.1 to the writ petition) and impugned order dated 18.8.2011 passed by the respondent no.3 i.e. Up-Ziladhikari, Jhansi (Annexure No.2 to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to make any deduction from the salary of the petitioner and pay him the full salary as he was getting prior to the passing of the impugned order dated 18.8.2011 (Annexure No.2 to the writ petition); (iii) issue a writ, order or direction in the nature of mandamus directing the respondents to refund the difference of salary deducted in pursuance of the impugned order dated 18.8.2011 (Annexure No.2 to the writ petition); (iv) issue a writ, order or direction in the nature of mandamus commanding the respondents to make the payment of salary in the pay band admissible to the petitioner and also grant him time bound scale as his counterparts are getting."
(3.) Brief facts giving rise to the present writ petition are that the petitioner was appointed as Office Peon in the office of Collection Department, Collectorate, Jhansi vide order dated 6.5.1980 in pursuance of the order dated 28.4.1980 of the District Magistrate, Jhansi. The appointing authority of the petitioner is District Magistrate, Jhansi. The petitioner was transferred from Collectorate, Jhansi to several other places in District Jhansi and since July, 2003 he is performing his duties as Collection Peon in Tehsil Jhansi, Distt. Jhansi. It is categorically averred in the writ petition that the services of the petitioner since the year 1980 till date has been totally unblemished and the petitioner has served the department with sincerity, honesty and dedication. The petitioner was served a chargesheet on 25.7.2009 for the irregularity committed by him on 4.2.2009. The Naib Tehsildar, Babina, Distt. Jhansi was appointed as the enquiry officer in the matter. The petitioner was required to submit his reply within fifteen days. The petitioner asked for some relevant documents from the Up-Ziladhikari, Jhansi vide letter dated 13.8.2009. The same were provided to the petitioner except the photocopy of the Dak Bahi of CRA Office. It is averred that the petitioner has demanded the Dak Bahi of CRA Office several times but the same was not provided to him. Due to non-supply of the relevant documents as demanded by the petitioner he could not submit his reply to the chargesheet and the enquiry officer as such proceeded exparte and finally submitted his report on 1.4.2010 to the Up-Ziladhikari, Jhansi. Thereafter, a show cause notice dated 15.4.2010 along with the copy of the enquiry report dated 1.4.2010 was served upon the petitioner.;