Allahabad High Court
Shreepal Singh vs State Of U.P. And 3 Others on 9 July, 2019
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 10106 of 2019
Petitioner :- Shreepal Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Yogesh Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and perused the record.
The present petition is directed against the orders dated 15.3.20019 and 11.4.2018 passed by the Competent Authority whereby after conclusion of the Departmental enquiry, punishment of adverse entry has been inflicted on the petitioner and the departmental appeal filed by him has been rejected.
The orders impugned are not challenged on any of the grounds pertaining to violation of principles of natural justice. It is admitted to learned counsel for the petitioner that the charge sheet had been duly served on the petitioner and he has submitted his reply. The reply submitted by the petitioner to the charge sheet has been duly considered by the Enquiry Officer.
The only ground of challenge to the order of punishment dated 11.4.2018 is that the charge against the petitioner cannot be found proved even in part, by the Enquiry Officer. The enquiry report is faulty, in as much as, the petitioner cannot be held liable
As prayed by learned counsel for the petitioner, put up this matter as fresh on 22.07.2019.
for any adverse order passed against the department in Criminal Case 1357 of 2013 (State Vs. Gopal Soni) arising out of Case Crime No. 34 of 2012 (State Vs.Gopal Soni).
The charge against the petitioner in the charge sheet is that the petitioner did not do effective Parivi in the court matter so as to win the case in favour of the department. It is contended that the petitioner was neither pairokar nor the officer posted in the department who was assigned duty to take any positive step for effective disposal of the criminal case in favour of department. Submission is that the letter dated 22.1.2016 was issued under the signature of the Executive Officer, Nagar Panchayat, Hastinapur. The petitioner had no role to play in preparation of the said letter.
Is is further contended that the petitioner had appeared as a witness before the Criminal Court so as to prove the allegations in the First Information Report which he did to the best of his ability. The findings returned by the Enquiry Officer that material facts were not brought before the Court is incorrect.
Placing the charge sheet dated 5.3.2018, it is contended by the learned counsel for the petitioner that only charge against the petitioner was that he had written a letter dated 22.1.2016 in favour of the offender namely Ms. Mamata Soni wife of Sri Gopal Soni wherein he had submitted that whatever decision is taken by the Court of law, the Nagar Panchayat, Hastinapur, would have no objection. Submission is that the finding of the Enquiry Officer that material facts were not brought before the Court in the statement of the petitioner, therefore, is beyond the allegations levelled in the charge sheet.
It is, thus, sought to be submitted that the explanation of the petitioner was not sought on the allegations of non disclosure of correct facts and the statement made by him before the Criminal Court in Case No. 1357 of 2013.
Testing these submissions of learned counsel for the petitioner, relevant is to note that the charge sheet dated 5.3.2018 categorically records that the petitioner was found guilty of not doing effective parvi in Case No. 1357 of 2013 arising out of in Case Crime No. 34 of 2012. The allegation is that the omission on the part of the petitioner has resulted in decision in the Criminal Case in favour of the offender, adverse to the interest of the department.
It is also noteworthy that the Enquiry Officer having considered the reply submitted by the petitioner has categorically recorded that though the petitioner cannot be found guilty of writing the letter dated 22.1.2016 which was admittedly issued under the signature of Executive Officer, Nagar Panchayat Hastinapur, but he was found guilty of non disclosure of the material fact of encroachment made by the offender in the statement made by him before the Criminal Court. It is categorically recorded in the enquiry report that as per the sale deed of the quarter F-45 available in the office of Nagar Panchanyat, Hastinapur, the total area of said flat was 189.6 sq. yard whereas the sale deed executed in favour of the offender Smt. Mamta Soni issued by the heirs of the original purchaser of the said quarter, records the total area of the quarter F-45 1333.37 sq. yard. Had the said fact been brought before the Court concerned, the fate of the case would have been otherwise.
This fact recorded in the enquiry report could not be disputed by the counsel for the petitioner. It is not disputed that the petitioner was a material witness to prove the case of the department before the Criminal Court of law. The records of the Nagar Panchayat, Hastinapur showing the correct area of the quarter No. F-45 was required to be brought before the Court to prove the fact that the offender had illegally encroached upon the public land. Non-disclosure of the said fact by the petitioner being the material witness to prove the case of the department, is established from the record.
It is evident that the petitioner has concealed the material fact in order to provide illegal benefit to the offender and acted against the interest of the department.
The decision taken by the Disciplinary Authority to inflict adverse entry to the petitioner in view of the misconduct, therefore, appears to be a liberal approach.
In the said facts and circumstances of the case, the decision of the Disciplinary Authority to inflict the punishment of adverse entry to the petitioner on the ground of dereliction in duty on his part cannot be faulted. No interference is required in the order impugned.
In view of the above discussion, the present writ petition is found devoid of merit and hence dismissed.
Order Date :- 9.7.2019
Chandan
