VIJAY SHANKER TRIPATHI Vs. STATE PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) This case has a chequered history as there has already been one round or litigation between the parties upto the Hon'ble Apex Court. Petitioner filed a claim petition before the" U.P. State Public Services Tribunal (hereinafter called the Tribunal"), challenging the termination order dated 16.08.1939 which was dismissed by the Tribunal vide judgment and order dated 17.08.1998. Being aggrieved, petitioner filed Writ Petition No. 28767 of 1998 challenging the said judgment and order of the Tribunal and the writ petition was allowed vide judgment and order dated 5/11/1999: Being aggrieved, the Respondent state approached the Hon'ble Supreme Court by filing the Civil Appeal No. 5242 of 2002 which was allowed by the Hon'ble Supreme Court vide judgment and order dated 20/7/2005 and the matter was remitted to be decided afresh. In accordance with law.

(2.) The facts and circumstances giving rise to this case are that the State government vide Government Order dated 26/2/1986 sanctioned 299 posts Of sub Inspector (Ministerial) for the purpose of appointing some ministerial staff 'District Police Head quarters. To fill up the said vacancies an advertisement was issued on 31/5/1986 and after holding the selection a list of 234 successful candidates was prepared on 06/5/1987. Petitioner being successful and at Serial No. 8 in the merit list was offered the appointment on 25/5/1987, and in response to the same he joined the service on 12/6/1987 at Ghazipur. Within a short period of his appointment there were complaints against him for taking illegal gratification for getting certain persons employed in the Police department and thus a preliminary inquiry was held and the report was submitted on 22/3/1988 (Annex-7). On the basis of the inquiry report his services were terminated on 16/8/1988 (Annex-4), observing that his services were no more required.

(3.) Being aggrieved, the petitioner challenged the said termination Order before the U.P. Public Services Tribunal and his claim petition was dismissed Vide judgment and order dated 17/8/1998. However, the writ petition against the said Judgment and order was allowed by this Court vide judgment and order dated 1/11/1999 which has been set-aside by the Hon'ble Supreme Court, as stated herein above, and the matter has been remitted for deciding afresh.