- (1.) THE impugned order of punishment dated 9.11.2005 awards punishment of stoppage of two increments with cumulative effect, adverse entry for the year 2004-05 and withholding the integrity of the petitioner i.e., by not certifying the same.
(2.) THE petitioner was posted as DIGS, Ghaziabad from 17.8.1990 to 2.7.1994 and during the above posting he was also given temporary charge of the DIGS, Meerut for the period 1.1.1992 to 27.11.1992. The petitioner was subsequently promoted as Deputy Director of Education in the year 1996 and thereafter as Joint Director of Education on 6.4.1998. In respect of the period from 1.1.1992 to 27.11.1992 when the petitioner was holding the additional charge of DIGS, Meerut, a Disciplinary Enquiry was instituted against him by the State Government vide order dated 1.4.1999 and the Additional Director of Education was appointed as the Enquiry Officer. The petitioner was served with a charge-sheet dated 22.4.1999 on the ground of misconduct on three charges. The charge No. 1 was with regard to irregular appointments and making payment of salary to the said appointees. The charge No. 2 was to the effect that the petitioner had approved appointments of eight teachers in excess of the sanctioned strength. The third charge was with regard to payment of salary to a teacher whose appointment was said to be unlawful. After the petitioner had submitted reply to the charge-sheet, the Enquiry Officer submitted the enquiry report. The charge Nos. 1 and 2 were not found proved and the petitioner was not held guilty in respect thereof. The Enquiry Officer reported that the charge No. 3 appears to have been proved, as the petitioner without filing counter affidavit in the Hon'ble High Court directed payment of salary to the alleged illegally appointed teacher. On the basis of the aforesaid enquiry report, the Disciplinary Authority issued a show cause notice dated 30.7.2002 to the petitioner annexing the copy of the charge-sheet and after considering the petitioner's reply thereof passed the impugned order of punishment dated 9.11.2005.
(3.) HEARD Sri H.R. Misra, learned Counsel for the petitioner and the Standing Counsel for the respondents.;