Lack of supervision does not constitute grave misconduct under Regulation 351-A of the Civil Service Regulations, and discriminatory punishment among similarly situated employees is impermissible.

Hon'ble Neeraj Tiwari,J.

1. Heard Sri Akshay Kumar Singh, learned counsel for the petitioner, Sri Anirudh Singh, learned standing counsel for respondent Nos. 1 & 2 and Sri R.K. Upadhyaya, learned counsel for respondent no. 3.

2. Present petition has been filed with the following prayer:

“(i) Issue a writ direction or order in the nature of certiorari quashing the impugned order dated 21.06.2023.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of full pension to the petitioner without any kind of deduction.

(iii) Issue a writ direction or order in the nature of mandamus commanding the opposite parties to grant the benefit of time pay scale w.e.f 09.05.2002, first promotional pay scale w.e.f. 09.05.2008, third promotional pay scale (IIIrd ACP) with effect from 09.05.2020 and make payment of arrears of salary after re-fixation of pay of the petitioner from due dates.”

3. Brief facts of the case are that petitioner was appointed as Deputy Jailer by the U.P. Public Service Commission-respondent No. 3 and joined his services on 09.05.1994. He was promoted to the post of Jailer vide order dated 17.05.2010 and thereafter on the post of Jail Superintendent vide order dated 19.05.2016. Petitioner submitted his joining at District Etawah on 01.07.2017 as Jail Superintendent. During the service of petitioner as Jail Superintendent at Etawah, there was allegation against him that two convicted prisoners were escaped from the jail and later on an inquiry was initiated against the petitioner. Thereafter, charge sheet was issued on 11.11.2019. The charge sheet is having only one charge. Basically petitioner was charged with allegation that he has loose control over the subordinate officers, due to which they are also reluctant in security measure required in jail, resulting into fleeing away of two prisoners. The charge sheet was duly replied by the petitioner vide reply dated 05.02.2020 denying the charges levelled against him. Inquiry report was submitted on 30.07.2020.

4. The petitioner was superannuated on 30.11.2021 and thereafter, permission was taken as mandated in Rule 351-A of Civil Service Regulation(hereinafter, referred to as ‘CSR’). Vide order dated 11.01.2022 the permission for continuance of inquiry was granted under Rule 351-A of CSR. The departmental proceeding was concluded and order dated 11.01.2022 was passed for deduction of 15 per cent amount from the pension of the petitioner.

5. Along with petitioner, three officers, one Jailer and two Deputy Jailers were also charge sheeted, but they have been given minor punishment of warning/censure entry.

6. Petitioner has challenged the impugned order No. 1690A/22-1- 200(12)/2019 dated 11.01.2022 by filing Writ A No. 3035 of 2022. During the pendency of the said writ petition, the State Government has withdrawn impugned order dated 11.01.2022 vide order dated 25.05.2022 and referred the matter to respondent No. 3 to take decision in light of judgment of this Court in the matter of Surendra Pandey Ex Deputy Jailer Vs. State of U.P. 2007(2) ADJ 531 .

7. The impugned order dated 11.01.2022 was withdrawn, therefore, petition was also allowed vide order dated 19.09.2022. As there was no time bound direction to respondent No. 3 to pass order, therefore, petitioner filed Civil Misc. Review Application Defective No. 76 of 2023, which was disposed of vide order dated 12.04.2023 with direction to respondent No. 3 to take decision within six weeks. He next submitted that thereafter, impugned order dated 21.06.2023 has been passed reducing deduction of pension from 15 per cent to 10 percent for the period of three years. Order dated 21.06.2023 was communicated petitioner along with letter dated 12.07.2023.

8. Learned counsel for the petitioner has assailed the impugned order basically on three grounds.

9. Firstly, he submitted that after joining on the post of Jail Superintendent, petitioner had written Letter No. 1242/ahda-14-2017 dated 20.