Court No. - 40
Case :- WRIT - A No. - 14291 of 2020 Petitioner :- State Of U.P. And 2 Sothers Respondent :- Gopal Chandra Saxena Counsel for Petitioner :- Piyush Shukla
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
By this writ petition, a challenge is made to the judgement dated 06.06.2019 passed by the State Public Services Tribunal, Lucknow. The order of punishment dated 24.12.2005 and the appellate order thereupon dated 05.08.2015 were challenged with the prayer for consequential benefits. Tribunal caused interference in the order of punishment so as the order passed by the appellate authority in reference to Rule 7 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (for short "Rules, 1999").
The administration has failed to lead oral evidence to prove the charges and thereby the procedure envisaged under Rule 7 of Rules 1999 was not followed. The issue is now well settled in view of the catena of judgement of this court holding the enquiry and consequential order of punishment would be illegal in absence of oral evidence to prove the charges for major misconduct.
Learned counsel appearing for the State has fairly admitted the position aforesaid. However, prayer is made to remand of the matter for enquiry from the stage, illegality was committed therein.
We find that the Tribunal has given reason not to remand the case. It is looking to the fact that the employees have already retired and otherwise the matter is old by 14 years.
We subscribe the finding recorded by the Tribunal and further find that a punishment by the appellate authority was only of stoppage of one grade increment with cumulative effect and not a punishment of dismissal or removal so as to have serious consequence in absence of the liberty to proceed with the enquiry from the stage it was in violation of the Rules.
Taking overall facts into consideration, we do not find any reason to cause interference in the order passed by the Tribunal.
The Writ Petition accordingly fails and is dismissed.
Order Date :- 6.1.2021 piyush