WRIT - A No. 7050 of 2022 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:49407-DB Court No. - 1 Case :- WRIT - A No. - 7050 of 2022 Petitioner :- State Of U.P. Thru. Prin. Secy. Excise Deptt. Lko. And Another Respondent :- Rajendra Kumar Sharma And Another Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Jai Kumar,Yogendra Mishra Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. Heard. By means of this petition, the State has challenged the judgment and order dated 28.11.2017 allowing the claim petition of the opposite party Officer quashing the judgment and order dated 12.08.2016, imposing a minor punishment of censure and stoppage of one increment for two years. The opposite party has already retired in October, 2024. Apart from it, when we peruse the judgment of the Tribunal and other documents on record, we find that there is a finding by the Enquiry Officer in respect of charge no. 1 that the deficiency in the specimen collected on 19.12.2008 had, in fact, taken place prior to the said date, and that the opposite party herein had seen the work only for one day i.e. 13.12.2008, accordingly, he was not responsible for the said below grade molasses. Based on the same, the Tribunal has found that the indictmen