Court No. - 39
Case :- WRIT - A No. - 21184 of 2019 Petitioner :- Satish Chandra Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Ranjan Tripathi,Prakash Narayan Counsel for Respondent :- C.S.C.,Awadhesh Kumar Saxena
Hon'ble Ashwani Kumar Mishra,J.
Disciplinary proceedings were initiated against the petitioner which culminated in an order dated 07.03.2018 whereby petitioner was reinstated in service. The order, however, provided that though continuity of service would be allowed but petitioner would not be entitled to difference in salary. This order apparently was passed considering the fact that petitioner had admitted his guilt and had prayed for forgiveness. This order was not challenged and petitioner joined pursuant to it. He continued to work thereafter and superannuated on 31.12.2018. It is almost after a year that the order dated 07.03.2018 is challenged.
There is absolutely no explanation forthcoming from the petitioner as to why the order was not challenged, at the time when the order itself was passed. Even otherwise this Court finds that the respondents have taken a lenient view in the matter considering the apologies tendered by the petitioner and the order dated 7.3.2018 merits no interference. It is, however, clarified that the order dated 07.03.2018 will not adversely affect the computation of petitioner's pension and his salary for the purpose of pension would be computed during the last 10 months as per petitioner's entitlement and it would not be reduced on account of the order dated 07.03.2018.
Writ petition is, accordingly, dismissed.
Order Date :- 20.12.2019 Abhishek Singh