[2007(1) ADJ 350 (DB)]
ALLAHABAD HIGH COURT
BEFORE : V.M. SAHAI AND SABHAJEET YADAV, JJ.
SHRAVAN KUMAR PURWAR ——Petitioner
Versus
INSPECTOR GENERAL (REGISTRATION), U.P. ALLAHABAD AND OTHERS Respondents
(Civil Misc. Writ Petition Nos. 19760 of 2000, 32758 of 2003 and 226 of 2006, All decided on 1st December, 2006)
(B) Judicial review—Powers of—Cannot be exercised like Court of first instance or appellate authority—High Court normally does not take decision on controversial facts—It merely quashes decision and sends back matter to authority concerned for decision afresh. [Para 9]
(C) Punishment—Imposition of, holding integrity to be doubtful—Affirmed by service Tribunal—While examining charges against petitioner, Sub-Registrar, which were withholding of three increments permanently and holding his integrity to be doubtful—Once Tribunal found that withholding of three increments permanently with conducting full-fledged inquiry was against Rule 55, it cannot affirm charge of integrity to be doubtful—Law on this point—Clarified—High Court quashed punishment of holding integrity to be doubtful by applying law and directed authority concerned to examine charges de-novo. [Civil Services (Classification, Control and Appeal) Rules, 1930—Rules 55(1), 55-B, 49, 14(iv), 14(ii), 5(v) and 5(iv)]. [Paras 20 and 22 to 24]
(D) Retirement—Compulsory retirement—Order of, against petitioner, a Sub-Registrar—On basis of chart prepared keeping in view his service record of 10 years, just at his age of 52 years when age of retirement is 60 years—High Court on perusal of that chart found that there was no adverse entry in service record, rather it carried remarks of ‘good’ and ‘very good’ and ‘excellent’ in various years of period of ten years—Four marks were given to petitioner, which led to order of compulsory retirement—These marks were given on certain charges, which were already under challenge and finally High Court quashed it—Consequently, order of compulsory retirement—Deserves to be quashed. [Paras 30 to 33]
By the Court.—These three writ petitions have been filed by same petitioner. First Writ Petition No. 19760 of 2000 was filed seeking for relief in the nature of writ of certiorari for quashing the order dated 11.4.2000 passed by Respondent No. 1 i.e. Inspector General Registration, Uttar Pradesh, Allahabad, contained in Annexure 8 of the writ petition whereby the petitioner was awarded punishment of (i) withholding the payment of salary for the period during the suspension, (ii) withholding two annual increments with cumulative effect, (iii) awarding censure entry and withholding integrity for the year 1997-98 of the petitioner.
2. The relief sought in the writ petitions rests on facts that while working on the post of Sub-Registrar in the Registration Department of Government of Uttar Pradesh vide order dated 28.10.1999 the petitioner was placed under suspension. On the same day a charge-sheet was served upon the petitioner containing as many as four charges against him. Vide aforesaid order dated 28.10.1999 Assistant Inspector General Registration, Mathura was also appointed as Inquiry Officer and petitioner was directed to submit his reply of the charges within fifteen days from the date of receipt of the charge-sheet. A true copy of the charge-sheet dated 28.10.1999 is on record as Annexure 2 to the writ petition. On receipt of the aforesaid charge-sheet, the petitioner has submitted his reply before the Inquiry Officer on 15.11.1999. Alongwith the aforesaid reply, the petitioner has filed as many as 18 documents i.e. seven documents in support of reply of charge No. 1, three documents in support of reply to the charge No. 2, two documents in support of reply to the charge No. 3 and six documents in support of reply to the charge No. 4. A true copy of reply dated 15.11.1999 is on record as Annexure 3 to the writ petition. On receipt of the aforesaid reply, the Inquiry Officer has conducted disciplinary inquiry against the petitioner and vide his report dated 24.12.1999 submitted to the respondent No. 1, the Inquiry Officer has held that the charge Nos. 1, 2 and 4 were not proved against the petitioner, whereas the charge No. 3 was partially proved against him. The copy of the inquiry report supplied to the petitioner alongwith the show cause notice dated 18.2.2000 is on record as Annexure 4 of the writ petition. It appears that respondent No. 1/Disciplinary Authority did not agree with the findings of Inquiry Officer contained in inquiry report and issued a show cause notice on 18.2.2000 indicating that the charge Nos. 1, 2 and 4 are proved against the petitioner, whereas charge No. 3 remained partially proved against him. It was also indicated in the show cause notice that any major penalty under Rule 3 of U.P. Government Servant Discipline and Appeal Rules, 1999 can be awarded against the petitioner. A copy of show cause notice dated 18.2.2000 is on record as Annexure 5 of the writ petition.
3. It is further stated in the writ petition that the copy of aforesaid show cause notice dated 18.2.2000 was received by the petitioner through District Registrar on 7.3.2000 and a copy of the aforesaid show cause notice was also served upon him through Assistant Inspector General Registration on 13.3.2000 accompanying with inquiry report dated 24.12.1999. On receipt of the aforesaid show cause notice, the petitioner has submitted his detailed reply through registered post on 24.3.2000, which was received in the Office of respondent No. 1 on 28.3.2000 and has been recorded on 29.3.2000 in the receipt register at serial No. 2107. It is also stated that after submitting the reply through registered post on 24.3.2000 to the respondent No. 1 the petitioner came to know that respondent No. 1 at a relevant time was holding camp office at Lucknow and as such the petitioner has again submitted his reply to the said show cause notice to the respondent No. 1 at his Lucknow Camp Office through speed post on 29.3.2000. A true copy of pos
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