State of U. P. Through Prin. Secy. P. W. D. Lko. v. Rama Shankar Ram
2015-12-07
ADITYA NATH MITTAL, SATYENDRA SINGH CHAUHAN
body2015
DigiLaw.ai
JUDGMENT Heard learned Standing counsel for the petitioners and perused the pleadings of the writ petition. 2. This petition has been filed challenging the order dated 15.07.2015 passed by the U.P. State Public Services Tribunal, Lucknow in Claim Petition No.1646 of 2014 by means of which the punishment awarded to the opposite party no.1 has been set aside finding that the Government Orders dated 26.12.2003 and 31.01.2004, on the basis of which the disagreement was based by the disciplinary authority, have been withdrawn by means of the Government Order dated 17.05.2005. 3. It is not in dispute that work started in March 2005. Even, if presuming that some irregularities were committed, then it is only for a period of one and a half months only, thereafter the aforesaid two governments orders were withdrawn on 17.05.2005. The Tribunal found that the enquiry officer has exonerated the opposite party no.1 and after exoneration, a notice was issued to the opposite party no.1 disagreeing with the finding recorded by the enquiry officer. The disciplinary authority has only indicated the points of disagreement relying upon the government orders dated 26.12.2003 and 31.01.2004. The withdrawal of the Government Order itself goes to indicate that the reliance placed by the disciplinary authority, after the withdrawal of the Government Order, was misplaced. 4. The Tribunal has recorded a specific finding in this regard that the disciplinary authority has committed illegality relying upon the aforesaid government orders. 5. We have perused the findings recorded by the Tribunal and we do not find any illegality in the same. 6. The writ petition is devoid of merits. It is accordingly, dismissed.