Neutral Citation No. - 2024:AHC-LKO:18323-DB
Court No. - 1
Case :- WRIT - A No. - 1495 of 2024
Petitioner :- U.P. State Tourism Development Corporation Ltd. Lko. Thru.
Its Chairman And Another
Respondent :- Dilip Kumar Shukla And Another
Counsel for Petitioner :- Nishant Shukla
Counsel for Respondent :- Manish Mishra
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners.
2. The instant writ petition is directed against the
judgement/order passed by the U.P. State Public
Service Tribunal vide order dated 31.05.2023 whereby
claim petition filed by opposite party no.1 against a
special censure punishment awarded vide order dated
17.10.2016 was allowed and the order of punishment
was set aside.
3. Learned counsel for the petitioners has argued that
learned Tribunal while allowing the claim petition has
specifically observed that the inquiry against the
opposite party no.1 was not held according to the
procedure as prescribed and secondly the punishment
imposed upon the delinquent employee not being
specified under the U.P. Public Services (Tribunal)
Rules,1992 was thus without authority of law.
4. It is thus urged that once the tribunal itself had
noticed discrepancy in the inquiry proceedings, the
matter ought to have been remitted to the appointing
authority for holding the enquiry as per the procedure
prescribed afresh. The argument put-forth before us is
attractive but on an empirical consideration of the
judgement impugned herein, we find that the loss
alleged to have been caused to the Corporation is not
a loss which may have actually occurred but is rather
an estimation of negligence attributed against the
conduct of the delinquent employee. Insofar as the
imposition of punishment of special censure is
concerned, the same admittedly is not prescribed
under the rules whereunder the employee was
proceeded against.
5. We would have granted the liberty of proceeding
against the delinquent employee afresh but the nature
of allegations being only the dereliction of duty
coupled with the clear indication that a minor
punishment was imposed, hence reopening of the
proceedings for no purpose would not be just and
proper in the facts and circumstance of the case.
e find no error with the impugned judgement
6. W
rendered by the Public Service Tribunal in the given
facts and circumstances of the case which though a
possible view, cannot be faulted with, hence the writ
petition bereft of any merit is accordingly dismissed.
7. It is however open to the petitioners to make
compliance of the order passed by the tribunal within
a period of three months and to this extent the
judgement passed by the Tribunal is modified.
Order Date :- 29.2.2024
Shahnaz
Digitally signed by :-
SHAHNAZ BANO
High Court of Judicature at Allahabad,
Lucknow Bench