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Allahabad High Court · body

2016 DIGILAW 845 (ALL)

State of U. P. Thru Prin. Secy. P. W. D. Govt. of Up Lko. v. Ramanand Ram

2016-03-04

ANANT KUMAR, SATYENDRA SINGH CHAUHAN

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JUDGMENT Heard learned Standing Counsel for the petitioner-State of U.P. and perused the material placed on record. 2. The petitioner State of U.P. through its Secretary Principal Secretary, Public Works Department has filed present writ petition challenging the judgment and order dated 26.02.2015, passed by the learned State Public Services Tribunal, Indira Bhawan, Lucknow in Claim Petition No.868 of 2013 (Ramanand Ram Vs. State of U.P. and others), whereby the learned Tribunal has allowed the claim petition and the petitioners herein have been directed to extend all the consequential benefits. 3. The learned Standing Counsel submits that the learned Tribunal has misread the evidence on record and proceeded to allow the claim petition. He has also submitted that the opposite party no.1 is guilty for the dereliction of duties and by not ensuring the presence of the officers concerned, he was rightly punished by the Government. 4. Having heard the learned Standing Counsel and having gone through the judgment, we find that the Chief Engineer (Parivad 'Ka') had sent a report indicating therein that the respondent no.1 joined on the post of Superintending Engineer, P.W.D., Moradabad Circle, Moradabad on 15.07.2010 and he was not responsible for the alleged act, infact the letter requiring the presence of the officers in the meeting of the Minister was received on 13.07.2010 by the then Superintending Engineer Sri Shekhar Garg. The aforesaid finding could not be challenged by the learned Standing Counsel. The respondent no.1 had joined at a later point of time and he cannot be held responsible for the negligence. 5. We do not find any infirmity in the judgment of the learned Tribunal. The writ petition being devoid of merit, is accordingly, dismissed.