S.C.Verma, Dev Kant Trivedi, JJ. - (1.) State of Uttar Pradesh, through Secretary Institutional Finance (Trade-tax), Anubhag 1 and Commissioner-Trade-tax, U. P., Lucknow have filed the present petition under Article 226 of the Constitution of India challenging the order of U. P. State Public Services Tribunal dated 1.6.1996 quashing the adverse entry awarded to the opposite party No. 1 for the year 1988-89.
(2.) The opposite party No. 1 Sri Ram Pal was at the relevant time holding the post of Sales-tax Officer (hereinafter referred to as Trade-tax' also) and was posted at Sector 4, Varanasi. There was a strike in the Sales-tax department at Varanasi from 17.2.1989 to 23.2.1989. The officials of the Sales-tax department were on strike on account of arrest of certain Sales-tax employees for their involvement in the corruption at Naubatpur Check-Post. The explanation of the opposite party No. 1 was called by show cause notice issued by the Commissioner Trade-tax through letter dated 27.10.1989 regarding his participation in the strike and absence from duty. The opposite party No. 1 by his reply dated 31.3.1989 sent his explanation by denying the charges. The opposite party No. 1 gave full details of the duties performed by him during this period.
(3.) The Reporting officer after considering the work and conduct of the opposite party No. 1 for the period from 16.6.1989 till 31.3.1989 for the year 1988-89 including the period of strike submitted annual confidential report and assessed it to be excellent and he also certified the integrity of opposite party No. 1. The Reviewing Officer, Deputy Commissioner (Appeals), Sales-tax, Varanasi agreed with the report of the Reporting Officer with regard to the work and conduct of the petitioner. However. It was mentioned that during the period of strike from 17.2.1989 to 23.2.1989 the opposite party No. 1 did not give his co-operation. The integrity was certified and he was also assessed by him in excellent category.;