ORDER
M. Katju and Prakash Krishna, JJ.
1. We have heard the learned counsel for the petitioner and learned standing counsel.
2. The petitioner has challenged the Impugned order of the U. P. Public, Service Tribunal dated 20.9.2002.
3. The petitioner 1 was a stenographer in the office of the Trade Tax Department, Allahabad. He was charge-sheeted vide charge-sheet dated 19.2.2000 vide Annexure-4 to the writ petition to which he gave reply vide Annexure-5 to the writ petition. Thereafter an enquiry was held. True copy, of the enquiry report: dated 22.7.2000 is Annexure-6 to the writ petition. It has been observed by the enquiry officer that the then record keeper T.B. Singh appears to be responsible for disappearance of the record relating to a particular trader M/s. M.B. Traders, The enquiry Officer has recorded a finding that there la no material to show that T. B. Singh handed over the record to the petitioner, Chandra Pal Singh.
4. The Tribunal in its impugned order Annexure-1 to the writ petition has observed : “As per finding of fact the original record relating to a particular trader for a particular year was given by the record keeper to the petitioner who did not return the same back to the record keeper in original. He, rather, gave back only a photocopy thereof.”
5. We are surprised to note that the Tribunal has not apparently seen the enquiry report where the finding of fact is that there is no material to show that the record In question had been handed over by T. B. Singh to the petitioner. Hence the Tribunal has clearly made an observation (quoted above) which is baseless. We have, therefore, to hold that the original record in question has not been handed over by Sri T. B. Singh to the petitioner and there was no material to show that that was done.
6. In view of the above finding of the enquiry officer, the impugned order of the Tribunal dated 20.9.2002 as well as the order of the Deputy Commissioner Trade Tax, dated 18.10.2000 and order of the Commissioner Trade Tax U. P., dated 19.5.2001 are vitiated in law and are hereby set aside and the impugned orders are quashed.
7. The petition is allowed. The petitioner shall be reinstated within a month of production of a certified copy of this order before the authority concerned in accordance with law. He shall also be paid back salary from the date of termination to the date of reinstatement and such payment shall be made within two months of production of a certified copy of this order before the authority concerned.