HARISH CHANDRA TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned standing counsel and perused the affidavits on record.

(2.) The Petitioner was a constable in the Provincial Armed Constabulary of Uttar Pradesh. He was dismissed from service upon charges of indiscipline levelled against him during a meeting in relation to the running of a Mess of Battalion that was convened where he was posted. The charges were that the Petitioner raised his voice and addressed his superiors in a tone that amounted to gross insubordination. On this charge, the Petitioner was proceeded against and he was ultimately dismissed from service. The Petitioner approached the Public Service Tribunal and his petition was dismissed against which he filed a writ petition before this Court being Writ Petition No. 21133 of 1994. The said writ petition was ultimately allowed partly on 15.12.2003 holding that even if the charges were proved, the punishment awarded to the Petitioner was disproportionate. The judgment of the Tribunal was set aside and the matter was remitted back to the Tribunal with a direction to decide the matter in respect of awarding a lesser punishment to the Petitioner. The Tribunal on remand passed an order that the disciplinary authority shall reinstate the Petitioner and take a decision in respect of awarding a lesser punishment to the Petitioner.

(3.) There is nothing on record to indicate that the Respondents have challenged the judgment of this Court dated 15.12.2003 in any higher Court nor is there anything on record to indicate that the order of the Tribunal dated 25.11.2005 issuing the aforesaid direction for the reinstatement of the Petitioner and awarding of lesser punishment has been impeached.