STATE OF U.P. Vs. AMAR SINGH

JUDGEMENT

(1.) Heard Sri Kunal Ravi Singh, learned Chief Standing Counsel and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State-appellants and Sri Anil Kumar Mehrotra, learned counsel for respondent no.1-petitioner.

(2.) The instant intra-court Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 (hereinafter referred as the 'Rules, 1952') has been preferred against judgment and order dtd. 21/8/2023 passed by learned Single Judge in Writ A No.11040 of 2020 (Amar Singh vs. State of U.P. and others). For ready reference, the operative portion of the judgment and order dtd. 21/8/2023 is reproduced as under:-

(3.) Respondent no.1-writ petitioner was appointed on 5/2/2001 on the post of Personal Assistant in U.P. Secretariat, Lucknow on being selected by U.P. Public Service Commission Commission. His services were governed by the U.P. Secretariat Personal Assistant Service Rules, 2001 'Rules, 2001', U.P. Government Servants Conduct Rules, 1956 'Rules, 1956' and U.P. Government Servant (Discipline and Appeal) Rules, 1999 'Rules, 1999". Respondent no.1-petitioner claimed that he had received an objectionable Whatsapp message, which he was trying to delete but inadvertently it got forwarded to the Whatsapp group of Additional Private Secretary Cadre. Having realized his mistake, he immediately deleted the said message from the group. Thereafter, respondent no.1-petitioner for his inadvertent mistake, on his own accord, tendered an unconditional apology to the State Functionaries of the Government of U.P. with an assurance that no such mistake will be made by him in future.