Ritu Raj Awasthi, J. - (1.) Heard Mr. Rajiv Srivastava, learned counsel for petitioner as well as learned standing counsel for the State and Mr. Shireesh Kumar, learned counsel for opposite party Nos. 1 and 3.
(2.) The writ petition has been filed with the following prayers: "i. Issue a writ, order or direction in the nature of certiorari whereby, the impugned order of dismissal from service and determination of recovery of Rs. 9,53,433/- from the petitioner dated 30.11.2015 passed by opposite party No. 1 and approved by opposite party No. 5, is quashed. ii. Issue a writ order or direction in the nature of certiorari whereby, sub-rule (1) (Kha) and (Ga) of Rule 84 of Employees Service Rules, 1980 of U.P. Co-operative Federation Ltd., is quashed and declared ultra vires the Articles 14 and 21 of the Constitution of India. iii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 1 to immediately reinstate the petitioner in service w.e.f. the date, the petitioner was placed under suspension on 13.08.2013. iv. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 12, Commissioner and Registrar of Co-operative, U.P. to institute an inquiry to find out the roles of opposite parties No. 2, 8, 10 and 9, in the abduction of 1093.60 quintal of paddy by opposite party Nos. 11 and consequent loss of Rs. 14,21,680/- to PCF. v. Issue any other writ order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case. vi. Allow the writ petition with cost in favour of the petitioner."
(3.) The facts giving rise to the present writ petition, in short, are that the petitioner was posted as Junior Assistant/Incharge, PCF, Krishak Seva Kendra, Bharavan at Navadon, District Hardoi. During the period 8.11.2012 to 9.11.2013 at PCF, Krishak Seva Kendra, Bharavan at Navadon, District Hardoi the petitioner being Center In-charge had purchased 1946.60 quintal paddy for the PCF. Against the said purchase, he had paid the amounts to the farmers through cheques with joint signatures of himself and one Sri. Brijesh Kumar Maurya, Assistant Accountant posted in the Office of District Manager, PCF, Hardoi duly authorized by the District Manager, PCF, Hardoi. The details regarding issuance of cheques have been mentioned by the petitioner in the purchase register. On 22.1.2013, the petitioner had sent "Daily Progress Report" of the purchase center to the office of District Manager, PCF, Hardoi. As per the said "Daily Progress Report" the petitioner had delivered 1800 quintal paddy against the total purchase i.e., 1946.60 quintal and only 146.60 quintal paddy was shown balance at the purchase enter. On the basis of said report, when CMR was demanded from one of the authorized rice mill, namely, Ms/ Pashupati Nath Agro India Pvt. Ltc., Hardoi, some discrepancy was found in the delivery of paddy against the aforesaid purchase. A clarification regarding differences in the purchase and delivery shown in the daily progress report was called for from the petitioner. The petitioner did not submit any clarification. Vide letter 23.2.2013, the District Manager, PCF, Hardoi directed the petitioner to personally appear before him and clarify the correct position. Again, the petitioner did not come to the Office of District Manager, PCF, Hardoi. With regard to ambiguity in the purchase and supply of paddy in PCF, Hardoi, an enquiry was conducted by the General Manager and in the said enquiry it has come that out of 1946.60 quintal of paddy, only 450 quintal of paddy was delivered to M/s Pashupati Nath Agro India Pvt. Ltd. and 403 quintal of paddy was delivered to Jai Vaishno Rice Mill by the transporter Arun Kumar. He has submitted the enquiry report dated 7.8.2013. On the basis of said enquiry report, the petitioner was placed under suspension vide order dated 13.8.2013, in contemplation of departmental enquiry, on the charge that during the year 2012-13, the petitioner has fraudulently shown purchasing of 1093.60 quintal paddy and it was also fraudulently shown that challans were given to the so called transporter contractor, Arun Kumar, however, the paddy was not delivered to the Rice Mill, M/s Pashupati Nath Agro India Pvt. Ltd. He has embezzled 1093.60 quintal of paddy amounting to Rs. 14,21,680/-. The petitioner was served with charge sheet dated 26.10.2013 to which he has submitted reply on 11.11.2013. A supplementary charge sheet dated 21.12.2013 was also served on the petitioner to which he has submitted reply on 3.1.2014. On the basis of enquiry report, the petitioner was issued a show cause notice dated 24.4. 2014 to which the petitioner has submitted his reply on 21.5.2014. The Disciplinary Authority after considering the the enqiry report and reply submitted by the petitioner has passed the impugned order.;