STATE OF U P Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) The first respondent who was posted as an Assistant Commissioner, Trade Tax, was subjected to a disciplinary proceeding, in contemplation of which, he was placed under suspension on 1 September 2006. The order of suspension was stayed by a learned Single Judge of this Court on 6 October 2006 in a writ petition (Service Bench No.1285 of 2006). Following the order of stay, the suspension was revoked on 27 November 2006. During the course of the disciplinary proceedings, the disciplinary authority inflicted upon the first respondent a minor penalty of stoppage of one annual increment for a temporary period of one year together with a censure. A notice to show cause was issued to the first respondent on 5 February 2008 to explain why the period of suspension should not be treated as not being spent on duty so as to deprive the first respondent of his salary for the period of suspension. The first respondent submitted a reply, after which, an order was passed by the disciplinary authority on 11 April 2008, by which the period of suspension was treated as not being spent on duty. The first respondent was held to be entitled only to the payment of subsistence allowance and not to the entire salary.

(2.) The first respondent filed a claim petition which was dismissed by the State Public Services Tribunal on 27 January 2012. The first respondent thereafter filed a review petition, which has been allowed by the Tribunal, by its judgment and order dated 11 February 2014 which is impugned in these proceedings.

(3.) Rule 4 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, inter alia, provide as follows: