Sabhajeet Yadav - (1.) BY this petition, the petitioner has sought relief of writ of certiorari for quashing the impugned orders dated 2.7.2003 and 26.6.2006, contained in Annexures-17 and 19 of the writ petition. BY order dated 2.7.2003 after holding disciplinary inquiry against the petitioner three penalties have been simultaneously inflicted upon him whereby he has been reduced in rank from time scale of Rs. 4,000-6,000 to his lowest pay scale of Rs. 3,050-4,590 on the class III post. Besides this, a censure entry was awarded to him and his integrity of the year 2000-2001 was also not certified by District Magistrate, Allahabad. BY the appellate order dated 26.6.2006 the appeal of the petitioner has been dismissed by Commissioner, Allahabad Division, Allahabad.
(2.) THE facts leading to the case are that the petitioner was appointed as clerk grade III in the Collectorate, Allahabad vide order dated 17.3.1981. He was promoted to the post of clerk grade-II vide order dated 6.10.1991. While working as clerk grade-II he has been posted at different places in the establishment of Collectorate, Allahabad. On 2.1.1998 the petitioner was posted as Store Keeper in the Magh Mela, Allahabad, where he has taken over charge on 2.1.1998. It is stated that vide work distribution order dated 28.10.1998, the petitioner was entrusted with the duties of maintenance of Government building and properties, store bills, stock register, local purchase, furniture and hutting material storage, establishment and supervision over class-IV employees, choukidars, Pran Rakshaks, Kutter boat drivers and daily wagers, maintenance of Government boats and vehicles, arrangement of meetings, verification of all Government dues, pairavi of the cases and other works instructed by the officer-in-charge. The petitioner was transferred and posted as Naib Nazir, Tehsil Sadar, Allahabad vide order dated 29.4.2000 under the orders of the District Magistrate, Allahabad. In view of aforesaid order, the petitioner was relieved from the post of store keeper, Magh Mela, Allahabad vide order dated 29.4.2000 with immediate effect. The petitioner was suffering from backbone spondilitis hence proceeded on medical leave vide an application dated 29.4.2000 and continued on medical leave upto 7.5.2000. Due to serious pain and medical advice of bed rest, the petitioner could not hand over the charge of store keeper after being relieved, therefore, the Commissioner and Meladhikari, Kumbh Mela, Allahabad has written letter dated 6.5.2000 to the District Magistrate, Allahabad for issue of the directions to the petitioner to hand over the charge of store keeper to Shri Sushil Prakash. The copy of the said letter was also served upon the petitioner on 7.5.2000 at 6.30 p.m. True copy of the letter dated 6.5.2000 written by Commissioner and Meladhikari, Kumbh Mela, Allahabad to the District Magistrate, Allahabad is on record as Annexure-1 of the writ petition. The petitioner came to Magh Mela office on 8.5.2000 and 9.5.2000 and prepared the charge list. He remained present in the Magh Mela office for these two days in compliance of the letter dated 6.5.2000 issued by the Commissioner and Meladhikari, Kumbh Mela, Allahabad whereby he was directed to hand over the charge of store keeper to Shri Sushil Prakash. The petitioner has submitted his joining report on 10.5.2000 at the post of Naib Nazir, Tehsil Sadar, Allahabad, which was allowed. The charge list of files and articles was handed over to Shri Sushil Prakash on 13.5.2000. After verification and signature, the charge list was returned back to the petitioner on 26.5.2000. The petitioner was working as Naib Nazir, Tehsil Sadar, Allahabad. Thereafter vide order dated 18.10.2000 he was again posted in the office of Kumbh Mela-2001, as senior clerk and in pursuance thereof he submitted his joining report on 19.10.2000 and taken over the charge of store keeper, Kumbh Mela-2001 on 22.10.2000. Since 22.10.2000 to 30.6.2001 the petitioner was performing the duties of store keeper in the Kumbh Mela office.
(3.) IT is stated that prior to the joining of the petitioner as store keeper in Magh Mela, Allahabad, F.A.F.O. No. 262 of 1997, State of U. P. v. M/s. Lallooji and sons and another, was filed before Hon'ble High Court, Allahabad on 22.3.1997, but the same was decided on 15.9.1999 and dismissed on merit. The copy of aforesaid order was not received to the petitioner, which was communicated by chief standing counsel alongwith his covering letter dated 25.4.2000 but was received to Magh Mela office on 5.5.2000 by Ashok Kumar, clerk of Magh Mela office. IT is further stated that vide letter dated 22.4.2002 the petitioner was called upon to explain within three days in respect of not doing proper pairvi of F.A.F.O. No. 262 of 1997 and for not taking steps of filing of S.L.P. after the order dated 15.9.1999 passed by this Court. True copy of the aforesaid letter dated 22.4.2002 is on record as Annexure-3 of the writ petition. The petitioner had submitted his reply on 24.4.2002 stating therein that the petitioner was relieved from the post of store-keeper on 29.4.2000 and the order dated 15.9.1999 passed by this Court was not received by him during the period he was posted as store-keeper, but on the basis of inspection of record, he had further stated that copy of the order dated 15.9.1999, passed by this Court alongwith letter of chief standing counsel was received by Ashok Kumar vide item No. 4022 of Index Register but the said order was not dispatched through dak-bahi to him, as such no question arises for receipt of the aforesaid order to the petitioner. A true copy of the said reply is on record as Annexure-4 to the writ petition. After aforesaid reply of the petitioner, the explanation of Sri Ashok Kumar was called for, vide letter dated 27.4.2002 about the receipt and communication of the order dated 15.9.1999, passed by this Court, alongwith the letter of chief standing counsel. In response to which Sri Ashok Kumar had submitted his reply dated 29.4.2002 stating therein that the order dated 15.9.1999 passed by this Court alongwith letter of chief standing counsel dated 6.4.2000 was received by him on 5.5.2000 and after the endorsement of Officer Incharge of Magh Mela it was handed over to the petitioner on 6.5.2000. It is stated in the writ petition that in the aforesaid reply of Shri Ashok Kumar the date and letter number of learned chief standing counsel was mentioned incorrectly. It was also incorrectly stated that the aforesaid order of this Court alongwith letter of chief standing counsel was communicated and handed over to the petitioner on 6.5.2000. In this connection it stated that petitioner was on medical leave up to 7.5.2000 due to which letter dated 6.5.2000 was written by the Commissioner, Allahabad to District Magistrate, Allahabad to issue direction to the petitioner to hand over the charge of store keeper to Sushil Prakash. A copy of reply of Ashok Kumar is on record as Annexure-5 to the writ petition.;