LAWS(ALL)-2014-9-246

SHIV CHAND NIGAM Vs. STATE OF U P

Decided On September 01, 2014
Shiv Chand Nigam Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This special appeal is preferred challenging the judgment and order dated 4th July, 2008 passed in Civil Misc. Writ Petition No. 52832 of 2006 dismissing the writ petition in which the petitioner had challenged the order of his reversion to the basic salary and the adverse effect of reducing his salary.

(2.) The writ court has dismissed the writ petition vide impugned judgment mentioning therein that the Court is not inclined to interfere in the impugned order since the Court has not found any error in the impugned order. The impugned order dated 4.7.2005 passed in the writ petition is as under:

(3.) The aforesaid order is challenged only on the ground that charge of less recovery and negligence in the present case do not fall within the meaning of "misconduct" hence reversion of the appellant to the basic salary and punishment of adverse entry by the impugned order are illegal, arbitrary and as such are liable to be set aside. In support of his case the petitioner has relied upon paragraph 11 and 12 of the judgment referred by the Apex Court in Union of India and others Vs. Sri J. Ahmed, 1979 1 SLR 840. The Court in that case considered Article 311 in reference to All India Services (Death-cum-Retirement Benefit), 1958 and All India Service (Conduct) Rules, 1954 Rule 4. The Court in the said case has tried to ascertain what generally constituted misconduct specially in context of disciplinary proceedings and entailing penalty.