DEVENDRA KUMAR UPADHYAYA,J. - (1.) Heard Shri Asit Kumar Chaturvedi, learned Senior Advocate, assisted by Shri Dharmendra Kumar Dixit, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the State-respondents.
(2.) Causes of action in this writ petition are so mixed up that ordinarily the instant writ petition would have been dismissed for misjoinder of cause of action, however, considering the fact that the writ petition is pending since the year 2003 and a counter affidavit not only to the writ petition but to the amended writ petition has also been filed by the State-respondents, the Court proceeds to decide the writ petition on its merit.
(3.) In fact, challenge in this writ petition was initially made to the punishment orders and consequential orders passed in respect of two departmental proceedings, which the petitioner was subjected to. The first departmental proceedings was initiated against the petitioner by issuing a charge-sheet dated 03.09.1998 pertaining to the alleged irregularities committed by the petitioner during her service period in the years 1992- 1993 and 1995-1998. The said departmental proceedings culminated in the punishment order dated 24.05.2003, whereby the punishment of recovery of Rs. 3.48 lakh from the petitioner has been imposed, the petitioner's integrity for the years 1992-93, 1995-96, 1996-97 and 1997-98 has not been certified and she has been censured. In pursuance of the punishment order dated 24.05.2003, a show cause notice was issued to the petitioner on 04.07.2003 requiring her to explain as to why recovery of the amount of Rs. 3.48 lakh cannot be made. The petitioner appears to have submitted her reply to the show cause notice. The State Government not being satisfied with the said reply, passed an order on 06.11.2003 directing therein to make recovery of the aforesaid amount and to recover the same from her salary every month. The Director, Mahila Evam Bal Vikas Seva Evam Pushtahar, U.P. passed consequential order on 21.11.2003 directing recovery of a sum of Rs. 3000/- per month from the salary of the petitioner.;