LAWS(ALL)-2020-9-77

RAJESH KUMAR SINGH Vs. STATE PUBLIC SERVICE TRIBUNAL

Decided On September 04, 2020
RAJESH KUMAR SINGH Appellant
V/S
STATE PUBLIC SERVICE TRIBUNAL Respondents

JUDGEMENT

(1.) Dinesh Kumar Singh, J.:-- 1. Heard Sri Om Prakash Misra, learned counsel for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for respondents-State.

(2.) This writ petition has been filed against the order dated 18.10.2019 passed by the State Public Services Tribunal, whereby the learned Tribunal dismissed the claim petition filed by the petitioner and affirmed the order of punishment.

(3.) Brief facts of the case are that the petitioner was appointed on the post of Constable in Civil Police. He remained posted in District Chandauli in the year 2011. On being transferred from Chandauli to Mau, he failed to submit his joining at the transferred place and remained unauthorised absent from duty for 1295 days and, therefore, an enquiry was conducted. After considering the reply submitted by the petitioner, learned authority came to the conclusion that no sufficient reason has been given by the petitioner about his long absence of 1295 days and the same is in violation of the U.P. Government Servant Conduct Rules, 1956, therefore, they imposed the penalty of censure and withheld the salary for the aforesaid period on principle of "no work no pay". Learned Tribunal after appreciating each and every aspect as narrated by the petitioner, passed the impugned order. Paras 8 to 15 of the impugned order read as under:-