Court No. - 29
Case :- WRIT - A No. - 43371 of 1997 Petitioner :- Shambhu Nath Pandey Respondent :- State Public Service Tribunal And Others Counsel for Petitioner :- Ashok Khare,Aditya Kumar Singh,Yogesh Agrawal Counsel for Respondent :- S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
The petitioner Shambhu Nath Pandey, is appearing in person. He was working as a Head Constable in the U.P. Police. He was charge-sheeted and after a departmental enquiry, his service was dismissed vide order dated 31.12.1993. His departmental appeal against the dismissal also failed. He preferred a claim petition before the State Public Service Tribunal and the same was also dismissed vide judgment and order dated 28.11.1997. This judgment and order was challenged by the petitioner by means of the present writ petition. The writ petition was dismissed on 20.12.2001.
The petitioner preferred an application for review of the aforesaid order dismissing the writ petition.
The said review application is not on record and since it was not traceable, learned counsel for the petitioner moved an application that as the said application is not traceable, the typed copy of the review application supplied by him may be treated as original and the matter be heard on merits.
We have perused the aforesaid review application and find that there is no ground which may permit us to review the order dismissing the writ petition.
We have also perused the order of the Tribunal which reveals that the contention of the petitioner that as no F.I.R. or criminal proceedings were initiated against him in respect of the incident which was said to be a cognizable one, the departmental enquiry alone cannot proceed was duly considered and was turned down holding that the departmental enquiry is separate and independent.
The other submission of the petitioner regarding transfer of the departmental enquiry was also adequately dealt with by the Tribunal and was not accepted as the application of the petitioner for transfer of the proceeding was rejected on 5.11.1993 and the petitioner was informed about the order.
In view of the aforesaid facts and circumstances and the speaking order dismissing the writ petition, we find no substance in the review application. It is accordingly, rejected.
Order Date :- 31.7.2019 Ishan