Amitava Lala, J. - (1.) -In the aforesaid writ petitions, orders dated 22nd May, 2006 and 23rd May, 2006 withholding one increment with cumulative effect of the writ petitioners are under challenge. Additionally in one of such writ petitions, i.e., Civil Misc. Writ Petition No. 45365 of 2006, the order dated 28th February, 2006 promoting certain employees leaving aside the petitioner, keeping his matter under sealed cover, is also under challenge.
(2.) THE fact remains that record of one Civil Misc. Writ Petition No. 504 of 1979, M/s. Naini Glass Works (Pvt.) Limited v. Deputy Labour Commissioner and others, to be heard by the Division Bench, was allegedly lost from the custody of the Writ (C-1) Section of the High Court as reported on 24th March, 2003. However, such file was subsequently reconstructed and placed before the appropriate Division Bench which was ultimately dismissed for default by an order dated 6th May, 2003. The first petitioner, Sri Johri, became Section Officer of such Writ (C-1) Section on 9th/10th November, 1997 and looking after Division Bench hearing matters. The second petitioner Sri Azizullah, joined in the Writ (C-1) Section as Incharge of Division Bench hearing cases on 30th January, 1997. However, he was transferred from Allahabad High Court to Lucknow Bench on 5th November, 1999 and he was again transferred from Lucknow Bench of Allahabad High Court in July, 2000 and was posted in Writ (C-1) Section. The third petitioner Sri Chhote Lal worked in the Writ (C-1) Section from 1986 but during 1995 he was assigned with the work of restoration of admitted cases and hearing cases. Another Section Officer Sri Prem Chand (I) who was the informant and other Mr. Madanji alias Madan Mohan alias Madanji Srivastava alias Madan Mohan Srivastava alias Madan Babu, who was the dealing clerk were not served with any show cause/ charge-sheet etc. by the disciplinary authority nor even they were called to give evidence by the Enquiry Officer deputed by such authority.
(3.) ACCORDING to first petitioner, the file was not available during the month of June, 1997 as per the physical verification register in Writ (C-1) Section before his joining in such section on 15th November, 1997. But he was charged with dereliction of duty due to non-maintenance of that record. The enquiry was not properly conducted. Neither proper persons were called for recording their statements nor witnesses were examined or cross examined inspite of repeated requests. No copy of the preliminary enquiry report was made available to the petitioner. One Sri Prem Chand (I), who was posted as Section Officer but junior to the petitioner, was not called for the enquiry inspite of his posting in such section and making report of missing file. However, taking the advantage of such situation promotion of the petitioner was withheld by adopting sealed cover process and his junior Sri Prem Chand (I) was given promotion. One Sri Madan Ji, who was the custodian of the aforesaid file, was not called upon for enquiry but another Madan Ji Srivastava, who was retired Joint Registrar and had nothing to do with the maintenance of the file, was called for enquiry to camouflage the identification. However, at a stage, re-enquiry was ordered to be conducted by one Sri Diwakar Mishra, Registrar (Establishment) when the same was done allegedly within 15 minutes or so with undue haste as per statement of the learned counsel appearing for the petitioner. No action was taken on the representation of the petitioner being dated 1st March, 2006. No copy of the order impugned was given to the petitioner. Punishment was imposed withholding one increment of the petitioner with cumulative effect but subsequently did not give time bound scale to the petitioner, and as such he was in the same scale for the last three years. In 2005 the time bound scale became due to the petitioner. The petitioner No. 1 has now been retired with effect from 1st August, 2006 with pension at a lesser rate.;