JUDGMENT :

Om Prakash Shukla, J.

A. INTRODUCTION

(1) Heard Shri Sameer Kalia, learned Counsel representing the appellant and Shri Anil Kumar Singh ‘Visen’, learned Standing Counsel for the State/respondents.

(2) The present writ petition under Article 226 has been filed assailing the judgment and order dated 22.09.2022 passed by the State Public Service Tribunal, Lucknow (hereinafter referred to as "Tribunal"), whereby Claim Petition No.370 of 2022 filed by the claimant/petitioner against the order of punishment dated 22.12.2021, by which he was awarded two minor penalties i.e. (1) Censure; and (2) stoppage of one increment for one year, has been dismissed.

B. FACTUAL MATRIX

(3) As per the records available on the file of the present case, the petitioner was initially appointed on the post of Assistant Ashok Kumar Singh Vs. State of U.P. and another

Commissioner Sales Tax under the Commissioner, Commercial Tax (respondent no.2) on 29.9.1998 after having been selected for the said post by the U.P. Public Service Commission. Subsequently, on account of his excellent services, the petitioner was promoted to the post of Deputy Commissioner in the year 2009 and thereafter again in the year 2015, he was promoted to the post of Joint Commissioner Commercial Tax. Thereafter, in the month of July 2019, the petitioner was transferred from the Headquarters at Lucknow to District -Bulandshahr where he joined and started functioning as Joint Commissioner, Commercial Tax (SIB), Bulandshahr.

(4) On 26.3.2021, the State Election Commission notified the Three Tier Panchayat Elections -2021 held in the State of Uttar Pradesh. Apparently, prior to the aforesaid notification i.e. on 25.3.2021, the District Election Officer (Panchayat)/District Magistrate, Bulandshahr appointed the petitioner as Returning Officer for Development Block-Sikandrabad, District-Bulandshahr. However, subsequently, the District Election Officer (Panchayat)/District Magistrate Bulandshahr, vide order dated 03.04.2021, amended its earlier order dated 25.3.2021 and appointed the petitioner as Returning Officer for Development Block -Khurja in place of Development Block – Sikandarabad.

(5) Pursuant to the aforesaid order of the District Magistrate Bulandshahr dated 03.04.2021, the petitioner took charge of the post of Returning Officer, Development Block -Khurja and conducted the entire election process starting from the submission of nomination papers till the counting of votes and declaration of results (except for the Member Zila Panchayat), as per the notified election schedule, with sincerity and transparency. The polling of votes took place on 29.4.2021 at all the polling booths of Development Block -Khurja and during which reportedly no untoward incident took place and the polling was conducted in a peaceful and organized manner.

(6) According to the petitioner, on 02.5.2021, at 08:00 a.m., the counting of votes commenced under his direction and supervision at Jatiya Bal Vihar Inter College, Khurja which is situated in the said Development Block Khurja. At around 05:00 p.m., on the following date i.e. 03.5.2021, the counting of votes got concluded and subsequently, the petitioner declared the result of the concerned posts of Gram Pradhan, Member Gram Panchayat and Member Kshetra Panchayat and also handed over the prescribed certificate to the returned/elected candidates.

(7) After conclusion of counting of votes at 05:00 p.m. and declaration of result of the aforesaid three posts, the petitioner and the polling team secured all the necessary documents and completed all the formalities, which took some time and as such it was only at around 06:30 p.m., the petitioner along with his team were able to proceed to District Headquarters. Apparently, before the petitioner could reach the District Headquarters with his team, the Additional District Magistrate (Administration)/Deputy Election Officer Panchayat, Bulandshahar contacted the petitioner on his mobile no.7235001008 and directe