The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.

JUDGMENT :

J.J. MUNIR, J.

1. This writ petition is directed against an order of dismissal from service and recovery of the price of wheat said to be embezzled by the petitioner. This order has been made against the petitioner by the Executive Director, U.P. Rajya Karamchari Kalyan Nigam, Lucknow on 22.09.2020 and shall hereinafter be referred to as the impugned order.

2. The petitioner was a Centre Superintendent in the employ of the U.P. Rajya Karamchari Kalyan Nigam, Lucknow (for short ‘the Corporation’). He was appointed a Centre Superintendent at the Wheat Purchase Centre, Vijay Nagla, District Badaun in the month of March, 2018. The petitioner was transferred from District Badaun to District Agra on 13.07.2018. On 16th of July, 2018 in a quick movement of events, the petitioner was transferred from District Agra to District Sambhal and posted as a Salesman/Accounts Clerk by the Managing Director, Uttar Pradesh State Food and Essential Commodities Corporation Limited, Lucknow. The petitioner joined the station of transfer on 16.07.2018. On 24th July, 2019, a little over a year after his preceding transfer to Sambhal, the petitioner was transferred back to District Agra, where he joined on 19.08.2019.

3. It is the petitioner’s case that while posted as the Centre In-charge, Wheat Purchase Centre, Vijay Nagla, District Badaun, an incident took place on 15.06.2018, where records relating to purchase of wheat were forcibly taken away by one Harish Shankhdhar, a government contractor. The petitioner made a complaint regarding the incident to the Executive Director of the Corporation as well as the District Magistrate through registered post on 12.07.2018. Another complaint regarding the incident was addressed to the Director of the Corporation on 23.07.2018. The petitioner says that no action was taken by these Authorities upon his complaints. The petitioner was served with a show cause notice instead, by the Executive Director last mentioned on 03.08.2019, where it was claimed that the petitioner was guilty of short-deposit of wheat in the stocks of the Corporation, compared to the quantity purchased while posted at Badaun. The short-deposit was alleged to be a quantity of 2411.60 quintals.

4. The show cause notice was answered by the petitioner on 09.08.2019. The allegation was denied. In his reply, the petitioner said that he was transferred from Badaun on 13.07.2018, handing over charge to one Ashok Kumar Saxena. He joined the station of transfer on 14.07.2018. The stand of the petitioner was that he had no information regarding any embezzlement or shortage of wheat, which took place afterwards.

5. The Executive Director of the Corporation placed the petitioner under suspension pending inquiry vide order dated 31.10.2019. He was served with a charge-sheet on the day he was suspended. The charge-sheet says that the petitioner was prima facie found to have caused a loss of Rs.46,38,592.02 to the Corporation in that, that out of a total procurement of 11000 quintals of wheat at the Centre during the Rabi Season of 2018-19, the petitioner had deposited with the Food Corporation of India 8588.40 quintals, leaving a shortfall of 2411.60 qunitals. It was said in the charge that calculating the worth of the shortfall at the rate prescribed by the Food Corporation of India, which was Rs.1923.45 per qunital, the petitioner was guilty of embezzling a sum of Rs.46,38,592.02, and thus, causing serious financial loss to the Corporation. It is also said in the charge that the petitioner was required to show cause, but his reply did not clarify the position. He was summoned by the Executive Director vide his memo dated 11.09.2019, requiring the petitioner to appear before the Director aforesaid on 13.09