Allahabad High Court
Ram Lagan vs State Of U.P. & Others on 24 September, 2012
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
(Judgment reserved on 20.7.2012)
(Judgment delivered on 24.9.2012)
Court No. - 58
Case :- WRIT - A No. - 15898 of 2010
Petitioner :- Ram Lagan
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Dharmendra Singh
Respondent Counsel :- C.S.C.
Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the petitioner and learned standing counsel for the respondent.
Petitioner was Survey Chain Man (a Class IVth post). Through order dated 25.1.2001 his services have been terminated by Assistant Record Officer Mirzapur. Against the said order petitioner filed representation/appeal. D.M. Mirzapur dismissed the appeal through order dated 30.10.2009. Both these orders have been challenged through this writ petition.
There were more than ten charges against the petitioner as mentioned in the charge sheet which was received by the petitioner after several attempts made by the respondents. Inquiry officer gave the report against the petitioner, copy of which was sent to him and he was required to show cause as to why he should not be dismissed. However, petitioner on 16.1.2001 refused to accept the second show cause notice and copy of report of inquiry office.
The 1st charge against the petitioner was that on 25.7.2000 survey Naib Tehsildar had asked him to perform duty of Choikidar at another place as the regular Choukidar had gone on leave, however, the petitioner refused to comply with the order. The 2nd charge was that on 24.8.2000 petitioner was transferred from area 5 to area 3. Survey Naib Tehsildar of area 5 relieved the petitioner on 25.8.2000. However, after receiving the said order petitioner became excited and intimidated Survey Naib Tehsildar and Assistant Lekhpal in the presence of Assistant Record Officer. The reply of the petitioner was that he was not permitted to join by Survey Naib Tehsildear, Area no.3, Chyal Allahabad. However, he did not deny that he had intimidated his superiors. The 3rd charge was regarding non joining at area no.3 and the finding is that the petitioner in fact did not report at area no.3. The explanation of the petitioner that he was not permitted to join was disbelieved on the ground that if it had so happened he would have made written complaint which was not done until sending of the charge sheet (charge sheet was sent on 4.11.2000). The 4th charge was that instead of joining at area no.3, pursuant to transfer order dated 24.8.2000 petitioner started sending complaints to Board of Revenue, Chief Minister, D.M. etc. and on 1.11.2000 he got published a pamphlet and distributed the same threatening that he would be sitting on fast/strike unto death (Amaran Ansan). The explanation of the petitioner was that as no action was being taken on his application hence he was compelled to sit on fast unto death on 1.11.2000. It was also stated by the petitioner that the Survey Naib Tehsildar of area no.3 was not permitting him to join. The finding is that this allegation was utterly wrong as in none of his applications he complained that he was not being permitted to join. The 5th charge was regarding the Educational Certificate which he had filed at the time of his service issued from Sampurnanand Sanskrit Vishvidyalaya, Varanasi which was forged. The explanation was that he had not submitted the said certificate. The findings is that if he had not submitted the said certificate it would not have been in his personal file. Under charge no.6 it was mentioned that earlier also on 5.5.1980 his service was terminated, however, due to adverse circumstances of the petitioner the said order was set aside on 24.7.1980 and he was taken back in service and that again on 17.9.1985 he was suspended and on 1.2.1986 he was awarded the punishment of censure/adverse entry and stoppage of one increment and inspite of that he did not improve himself. The 8th charge was that on 21.9.2000 he had written a letter for transfer of his Regional Survey Naib Tehsildar to D.M. and in the said application threat was also given that in case the Naib Tehsildar was not removed members of Bahujan Samat Party would be compelled to go on strike. The finding is that even though in the applications dated 11.9.2000 and 21.9.2000 no threat was given, however, it was mentioned that in case demands were not met petitioner would be compelled to sit on fast unto death. 9th charge was that he got published a news items in Daily Hindi Newspaper Amar Ujala on 27.9.2000 and 2.11.2000 levelling false charges against his superiors. The said charge was found proved. The Ist Additional charge was that the petitioner in his letter dated 25.9.2000 and 13.11.2000 had threatened that if his demands were not met, workers of Bahajun Samaj Party would be compelled to demonstrate (dharna pradarshan) before the D.M. This charge was found proved. The 2nd Additional charge was that along with the letter dated 13.11.2000 he had also filed a letter of 4th Class State Employees Union office bearer. However, in my opinion this last charge was meaningless.
I do not find any error in the impugned orders. Petitioner did not join after transfer order dated 24.8.2000. He never complained that he was not being permitted to join. He got published his statement in the news paper containing false charges. He sat on fast unto death. He pressurised for transfer of his superiors for absolutely no reason. All these charges were found proved after full opportunity granted to the petitioner. Most of the charges were serious warranting dismissal. The actions of petitioner amounted to grave misconduct and indiscipline. Accordingly, there is no error in the impugned dismissal order.
Writ petition is dismissed.
Order Date :- 24.9.2012
vkg
