STATE OF U.P. Vs. RAKESH JAIN

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the State authorities/petitioners, challenging the correctness of the judgment and order dtd. 21/8/2014 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as 'the Tribunal'), whereby the Tribunal, while allowing the Claim Petition No. 234 of 2012 and quashing the order of punishment dtd. 23/3/2010 and appellate order dtd. 22/2/2012, has directed the petitioners/State to decide the matter of salary and other benefits admissible to the respondent no.1/employee for the period 7/5/2005 to 23/3/2010 in accordance with rules within three months from the date of receipt of a certified copy of the order.

(2.) The facts of the case, succinctly, stated are that the respondent no.1/employee was appointed as Punch Operator in the year 1985 and joined as such in the office of Deputy Commissioner (E), Commercial Tax, Moradabad, on 15/6/1985. Apparently, when the respondent no.1/employee was posted as Computer Operator, he proceeded on Casual Leave w.e.f. 13/10/1999 to 19/11/1999 on account of certain unavoidable family problems and on account of ill health. Thereafter, according to the petitioners/State authorities, he was unauthorizedly absent from duty till the year 2005.

(3.) It is alleged by the respondent No.1/employee that although he has joined the duty on 7/5/2005, however, on joining duty on 7/5/2005, no action was taken on his joining and he had been attending the office regularly. According to him, a charge-sheet came to be served on the respondent no.1/employee only on 28/1/2009, levelling four charges against him, including violation of Rule 15 of the Uttar Pradesh Government Servant Conduct Rules, 1956 as he was allegedly found to be working as a Director with Springdale's School, Patel Nagar, Ghaziabad during his employment as a Government Servant and also unauthorized absent from duty from 13/10/1997 to 6/5/2005.