RAMESH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner and learned standing counsel on behalf of respondent No. 1 and Sri Ajay Singh on behalf of respondent Nos. 2 to 5.

(2.) With the consent of learned counsel for the parties, this writ petition is being decided finally at the admission stage as per the Rules of the Court.

(3.) The petitioner is working as junior foreman with the respondent-Corporation. On certain charges of indiscipline and irregularities, he was subjected to disciplinary proceedings and by order dated 17.6.2004, a minor punishment was imposed on him reverting him to the basic pay for five years, as well as adverse entry in the service book. Challenging the said order, the petitioner had filed writ petition no. 26168 of 2004 before this Court, which was allowed by order dated 21.2.2005 holding that regulation 63 of the U.P. State Road Transport Corporation Employees (other than officers) Service, Regulations, 1981, does not contemplate imposition of punishment whereby a delinquent can be reverted to the basic pay scale. Consequently, the order of punishment was set aside leaving it open to the respondent - Corporation to pass a fresh order. Thereafter, fresh order was passed on 20.08.2007, whereby, the petitioner was removed from service. The petitioner filed an appeal before the Chief General Manager, which was dismissed by order dated 15.7.2008. The petitioner carried the matter in revision before the Chairman as contemplated under Regulation 69A. The Chairman, vide it's order dated 27.11.2008 being of the opinion that the order of removal is not justified had set-aside the same and had directed for reinstatement of the petitioner, but denied back wages for the period, the petitioner remained out of service. The aforesaid order of the Chairman was not challenged by the Corporation and had attained finality. The petitioner was reinstated in service.