SUB DIVISIONAL OFFICER KONCH Vs. MAHARAJ SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The order of the learned single Judge of the Allahabad High Court in C. M. W. P. No. 32309 of 1993 is the subject-matter of challenge in this appeal. A disciplinary proceeding was initiated and a set of charges was served on the delinquent-respondent and in course of enquiry on the basis of the materials produced, the enquiring officer came to the conclusion that the charges have been proved. On the basis of the said enquiry report and the findings thereon the disciplinary authority agreed with the said findings and passed order of termination. The delinquent-respondent challenged the order of the disciplinary authority by preferring an appeal but the appeal also was dismissed by the appellate Authority. The delinquent then preferred a claim petition before the U. P. Public Service Tribunal. The Tribunal by its order dated May 5, 1993 rejected the claim. The delinquent then approached the High court. The High Court by the impugned judgment reappreciated the entire materials produced before the enquiring authority and came to the conclusion that the charges cannot be said to have been proved beyond reasonable doubt. Accordingly, the High Court allowed the writ petition and interfered with the order of punishment inflicted upon by the disciplinary authority. It is this order of the High Court which is being challenged in this appeal.