Case: State of U.P. and Ors. Vs Manoj Kumar Singh and Anr.. High Court of Allahabad (India)
| Judges | Uma Nath Singh and Devendra Kumar Arora, JJ. |
| Issue | Service Law |
| Judgement Date | February 26, 2010 |
| Court | High Court of Allahabad (India) |
Judgment:
-
This writ petition arises out of a judgment and order dated 13.08.2009 passed by U.P. State Public Services Tribunal in Claim Petition No. 1496 of 1998.
-
Heard learned Counsel for State and perused the impugned judgment, pleadings and also the documents annexed with writ petition.
-
Respondent, for the first time, was posted as Sales Tax Officer on 16.04.1991. During the course of his service in 1998-99, he was posted on deputation with the Backward Class Welfare Department as an Officer at Jaunpur. On not being given complete charge, he got himself repatriated to his parent department. On inquiry, the Chief Development Officer, Jainpur could not find any irregularity against the petitioner. However, when the respondent was posted at Banda, he received a letter dated 03.02.2001 informing him that on account of certain irregularities a departmental proceeding has been initiated against him. Respondent submitted reply dated 31.08.2001 and was given personal hearing on 07.01.2002. To his utter dismay and surprise vide letter dated 07.07.2002, he was served with an order of punishment in the nature of censure and stoppage of one increment. His appeal filed to superior authority was rejected without passing a speaking order.
-
An argument has been made on behalf of the State that the Tribunal has committed illegality in passing the impugned order whereby the punishment has been quashed only on the ground that the punishment order did not refer to the relevant provisions where-under the inquiry was initiated and the punishment was passed. The Tribunal has also taken into consideration the fact that the appellate order was non-speaking and casual.
-
We have carefully considered the submissions of learned Counsel and we do not find any infirmity in the order. The Tribunal after considering the materials on record found that the proceedings in question...
To continue reading
Request your trial