K.C.Bhargava - (1.) THE petitioner has prayed for quashing of the order dated 30th March, 1990, by which the petitioner has given an adverse entry and denying full pay for the period of suspension. It is further prayed that opposite parties be directed to comply with the order dated 30th June, 1986 passed by the Tribunal and to declare the transfer order dated 10.10.90 as illegal.
(2.) THE facts stated in brief are that the petitioner was appointed as Junior Assistant in the office of Milk Commissioner (Dugdhshala Vikas), U. P.. Lucknow on 1st September, 1977. Juniors to the petitioner were promoted to the post of senior Assistant but the petitioner was denied his promotion when it became due. THEn he filed a claim petition before the U. P. Public Services Tribunal, which was allowed by order dated 30.6.86. In the operative portion of the order of the Tribunal, it was directed that the seniority of the petitioner shall be counted from 1.9.77 from the date he was first appointed in ad hoc capacity with all consequential benefits. It was also directed that the petitioner be treated senior to opposite party No. 3 Smt. Usha Srivastava. Smt. Usha Srivastava was reverted, but the petitioner was not given promotion and other benefits by the opposite parties. In the month of April 1989, the Officer on Special Duty also issued a letter dated 28.4.89 and communicated to the opposite parties that the petitioner should be given the benefits of the period between 3.5.79 to 30.6.82 during which period stay order remained in operation, but inspite of this State Government has not given the benefits and promotion to the petitioner. Copy of the said order is Annexure 1 to the writ petition. The petitioner was transferred to Pratapgarh by order dated 22nd July, 1988, but he was not allowed to Join there. Thereafter, the petitioner was suspended by order dated 11th August, 1988 and was attached to Gorakhpur Office, but no charge-sheet was given nor any inquiry was held against him. The petitioner filed a W. P. No. 7271 of 1988 against the suspension order, in which the petitioner was allowed to remain attached at Lucknow. The said writ petition was finally decided by order dated 22.7.89 and it was provided that charge-sheet be served within a week and the enquiry be completed within three months from the date of submission of reply to the charge-sheet. The charge-sheet was given to the petitioner but no evidence was given nor any document was furnished to the petitioner along with the charge-sheet. Charge- sheet was also not signed by the appointing authority. The petitioner submitted his reply to the charge-sheet. No witness was examined in the enquiry in presence of the petitioner and the order of punishment dated 30.3.90 was passed, copy of which is Annexure 2 to the writ petition.
(3.) THE petitioner was thereafter re-instated and it was found that charges Nos. 1, 2, 3 and 8 were proved. It is not clear as to what materials were utilised by the punishing authority in arriving at the conclusion that these charges were proved. THE first punishment awarded to the petitioner is the adverse entry without mentioning the year to which it relates and the second punishment is that no suspension allowance be paid besides which has already been paid. The petitioner was thereafter transferred to Srinagar (Pauri). The transfer order was passed by way of punishment. The petitioner was not given any reasonable opportunity to explain the charges during the enquiry nor the petitioner was given the report of the Inquiry Officer to meet the charges levelled against him. No such punishment could have been awarded to the petitioner and it has been done with the intention to defy the order of the U. P. Public Services Tribunal. No show cause notice regarding payment of suspension allowance during the period of suspension was given to the petitioner and as such no punishment could have been awarded without giving an opportunity to the petitioner. The petitioner was also transferred by order dated 10.10.1990 to Pratapgarh ; copy of said order is Annexure-3 to the writ petition. This order has been passed with mala fide intention and opposite party No. 2 is not implementing the order dated 22.7.1988. The Impugned order of punishment dated 30.3.1990 was stayed so far as it related to the transfer of the petitioner. Inspite of the order of the, court, the petitioner was not allowed to take charge at Lucknow. The transfer order dated 10.10.1990 contained in Annexure-3 is illegal and mala fide.;