- (1.) VIKRAM Nath, J. This writ petition has been filed with a prayer to quash the order dated 7-4-2004 passed by the Managing Director (respondent 1) whereby the petitioner has been removed from service of the U. P. State Sugar Corporation, Ltd. (in short referred to as the Corporation ). The petitioner has further sought quashing of the order dated 14-7-2004 whereby the departmental appeal of the petitioner has also been dismissed by the Board of Directors of the Corporation.
(2.) THE petitioner was initially appointed in the Corporation as Manufacturing Chemist in the year 1978 and was posted in Raibareily Unit of the Corporation. Subsequently he was promoted to the post of Deputy Chief Chemist and was posted in District Deoria. At the relevant time the petitioner was posted at Ghatampur Unit of the Corporation in Kanpur Nagar. On the basis of an inspection made by the Director (Technical) of the Ghatampur Unit on 13-6-2003 certain irregularities were found which included bags of brown sugar containing lesser quantity below the prescribed standard, manipulation in the record regarding details of quantity manufactured and slackness in discharge of duty. Based upon the report made by the Director (Technical) the petitioner was placed under suspension vide order dated 2-7-2003 and was attached to the same unit at Ghatampur during the period of suspension. By the same order of suspension Sri H. C. Rai, Director (Mechanical) was appointed as the Enquiry Officer. THE Enquiry Officer issued charge-sheet dated 13-8-2003 which contained only one charge. In short, the charge alleged against the petitioner was that the Director (Technical) while inspecting the unit on 13-6- 2003 was informed by certain employees that the officials of the Company committed bungling by filling up the bags of brown sugar with lesser quantity than prescribed. Upon such complaint the Director took stock of the Godown of brown sugar and in the presence of some officials and union leaders picked up five bags for verification and found that there was substantially less brown sugar filled in the bags than required. THEreafter physical verification of the entire stock was carried out and as against the total weight of 2556 quintals of brown sugar as exhibited from the record only 1451. 10 quintals was found. Accordingly the petitioner was charged for manipulation in the record, not taking proper care in verifying the bags which amounted to misconduct as laid down in Rules-72 and 73 of the Service Rules. In support of the aforesaid charge three documents were relied upon. These included the (i) details of the short fall in the five bags at the time of inspection by the Director, (ii) the letter of Incharge Executive Director, Ghatampur unit dated 20-6-2003 and (iii) the physical verification status of brown sugar in the Ghatampur unit. Along with the charge-sheet copies of all the three documents referred to in support of the charge were furnished to the petitioner. The petitioner was called upon to furnish reply within 15 days. Upon receipt of the charge-sheet the petitioner submitted a detailed reply dated 3-9-2003 pleading not guilty. In his reply to the charge-sheet the petitioner:
(3.) FIRSTLY alleged that he had been serving in the Corporation with full sincerity and devotion since 1978 and had always been issued letters of appreciation for the excellent work performed by him. Secondly alleged mala fides against one Sri S. N. Tripathi who was at the relevant time the Chief Chemist as also the Incharge Executive Director of Ghatampur unit. He was annoyed with the petitioner and had, therefore, falsely pressurised him to perform work of Chief Chemist and that he had been falsely implicated. The petitioner further alleged that earlier Sri S. N. Tripathi was Chief Chemist at the Mundervan unit of the Corporation in 1994-95 and upon complaint had been suspended at that time. For the remaining part of the session the petitioner had worked as Incharge of the said Mundervan unit. It was during this period when Sri S. N. Tripathi was under suspension in the year 1994-95 that he wanted the petitioner to do some illegal acts which the petitioner had refused and, therefore, upon reinstatement, had given an adverse entry to the petitioner. Upon such adverse entry given in the year 1994-95 the petitioner was transferred from Mundervan unit to Ghatampur unit. It was only in September, 2002 that Sri S. N. Tripathi was transferred to Ghatampur unit where he joined as Chief Chemist. After some time Sri Tripathi was made Incharge Executive Director. According to the petitioner as alleged in his reply Sri S. N. Tripathi asked the petitioner to perform the work of Incharge Deputy Chief Chemist. Another incident mentioned by the petitioner in his reply was that Sri S. N. Tripathi had helped one employee Sushil Sachan of the engineering department who had misbehaved with the petitioner by abusing him and also assaulting him on 24-1-2003. The petitioner had made a complaint against Sachan in this respect upon which Sachan was suspended but subsequently Sri S. N. Tripathi reinstated Sachan and did not take any action against him.;