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2016 Supreme(All) 1788

ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL AND DR. KAUSHAL JAYENDRA THAKER, JJ.
ATUL KUMAR SINHA ....Petitioner
Versus
BOARD OF DIRECTORS, U.P.S.R.T.C., LUCKNOW AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 44523 of 2002, decided on 6th October, 2016)

Advocates:
Counsel :
S.D. Singh and Abhay Pratap Singh for the Petitioner; Samir Sharma and S.C. for the Respondents.

Headnote:Punishment—Imposing of—Legality of—Petitioner, an Assistant Law Officer in UPSRTC, absented himself without prior sanction of leave—Enquiry conducted—Charges levelled against him not proved—Disciplinary Authority without showing any disagreement with findings and conclusions of Enquiry Officer, issued a show-cause notice, awarded punishment of censure—Procedure prescribed not followed—Disciplinary Authority without disclosing material adverse to his interest and giving him opportunity passed impugned order—Hence, impugned orders patently illegal, liable to set aside. [Paras 20 to 28]

       Result; Petition Allowed.

       

JUDGMENT

By the Court.—Heard Sri S.D. Singh, learned Senior Advocate assisted by Sri Abhay Pratap Singh, learned counsel for petitioner and learned Standing Counsel and perused the record.

2. Writ petition is directed against order dated 8.3.2001 passed by Managing Director, U.P. State Road Transport Corporation, Lucknow (hereinafter referred to as ‘UPSRTC’) imposing punishment of ‘Censure’ and orders dated 27.6.2001 and 1.5.2002 whereby petitioner’s appeal and revision have been rejected by Chairman and Board of Directors respectively. He has also challenged order dated 9.4.2001 whereby full salary other than subsistence allowance already paid during suspension period, has been denied to petitioner.

3. Brief facts giving rise to present dispute are as under:

4. Petitioner was appointed as Assistant Law Officer in UPSRTC and posted at Aligarh Region in December 1996 where he worked till 20.1.1999. Alleging that petitioner remained out of station/unauthorizedly absent on certain dates in March and April, 1998 i.e. 12.3.1988, 16.3.1998, 30.3.1998, 31.3.1998, 7.04,1998 to 13.4.1988, 18.4.1988 to 21.4.1998, Regional Manager, UPSRTC, Azamagarh vide notice dated 21.4.1998 sought to withhold petitioner’s salary for the month of April 1998, whereagainst petitioner submitted explanation. Thereafter vide order dated 14.5.1997 salary was released and the aforesaid period was not treated as unauthorised absence.

5. Prior to aforesaid, petitioner had proceeded on sanctioned leave of six days commencing from 16.6.1997 and went to Bombay. Subsequently, he fell ill and could not report for joining at the end of sanctioned leave. He submitted letter dated 21.6.1997 seeking Medical Leave. Subsequently he joined duty on 4.7.1997. The period of absence beyond sanctioned leave was approved as Medical Leave by Zonal Manager, UPSRTC.

6. Respondent-3, Managing Director, UPSRTC-Disciplinary Authority of petitioner suspended him vide order dated 20.1.1999 (annexure 5 to the writ petition), in contemplation of departmental enquiry and thereafter charge-sheet dated 6.4.1999 was served upon petitioner containing five charges, substance whereof is as under :

(a) Charge No. 1- Petitioner was instructed vide letter dated 8.10.1997 for not leaving station without prior permission but flouting thereof, he absented on 12.3.1998, 16.3.1998, 30.3.1998, and 31.3.1998, 7.4.1998 to 13.4.1998 and from 18.4.1998 to 21.4.1998. When explanation was sought he again disobeyed instructions of superior authority and did not submit any reply. Hence petitioner has committed misconduct of leaving station without permission, disobeying orders of superior authority and neglected his duties and responsibilities.

(b) Charge No. 2 - Petitioner proceeded to Delhi on 7.11.1998 alongwith record relating to one Pool Badan Singh and did not come back till 19.11.1998. He also summoned Sri R.D. Lal, JC/BC to Delhi, who went on 11.11.1998 and on 13.11.1998 requisite documents were made available to Sri R.K.Kapoor, Lawyer of UPSRTC at Delhi, Immediately after finishing the work, petitioner ought to have returned to Head Quarter but he did not and remained unauthorisedly absent and stayed at Delhi till 19.11.98. He has shown lack of interest in the work of Corporation,remained unauthorisedly absent and availed leave without permission, disobeyed orders of superior authorities and failed to perform duties of office in dignified way.

(c) Charge No. 3.- Petitioner did not perform duties and responsibilities of his office when posted at Azamgarh during entire period, he remained posted there, and did not do pairvi of certain cases in Court.

(d) Charge No. 4.- While posted as Assistant Law Officer at Azamgarh, in respect of retrenched employees of UPSRTC, and cases pending in the Court, petitioner recommended for compromise without watching interest of UPSRTC and did not show full integrity to its interest. Apparently, for his personal interest, petitioner colluded with litigants and also attempte













































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