LAWS(ALL)-2011-9-574

THE STATE OF U.P. THRU PRINCIPAL SECRETARY KAR EVAM NIBANDHAN Vs. R.S. JATAV S/O. LATE CHHAJU RAM AND ANR.

Decided On September 22, 2011
The State Of U.P. Thru Principal Secretary Kar Evam Nibandhan Appellant
V/S
R.S. Jatav S/O. Late Chhaju Ram And Anr. Respondents

JUDGEMENT

(1.) AGGRIEVED by order dated 20.07.2010 passed by State Public Service Tribunal, U.P. Lucknow (hereinafter referred to as the "Tribunal") allowing Claim Petition No. 1471 of 2009 filed by R.S. Jatav, Respondent No. 1 in this writ petition, the State of U.P. through Principal Secretary, Tax and Registration, Lucknow, Commissioner of Commercial Tax, U.P., Lucknow and Director, Treasury, Directorate of Pension, Lucknow have filed this writ petition under Article 226 of the Constitution seeking a writ of certiorari for quashing the Tribunal's judgment dated 20.07.2010 in Claim Petition No. 1471 of 2009.

(2.) BY impugned judgment the Tribunal has set aside the punishment order dated 08.06.2009 whereby the Petitioner No. 1 imposed punishment of recovery of Rs. 9,94,717/from pension of Respondent No. 1. It has further directed the Petitioners to refund the amount, if any, to Respondent No. 1.

(3.) TO appreciate the real dispute we may refer the admitted facts of the case, in brief, as under.