DUKH HARAN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Both these writ petitions emanate from disciplinary proceedings taken against the petitioners in respect of the same incident. They have, accordingly with the consent of parties, been taken up together for disposal.

(2.) Disciplinary proceedings against both the petitioners herein were instituted in the following backdrop. It appears that one Election Petition registered as Election Petition No. 3 of 2005-06, Smt. Shail Devi Vs. Smt. Phulesri And Others, came to be instituted in the Court of the respondent No. 6. The Election Petitioner filed a writ petition being Writ Petition No. 74990 of 2005 which was dismissed by this Court by its order dated 9.12.2005. This Court noticing the fact that an Election Petition had already been filed required the respondent No. 6 to decide the same preferably within a period of one year from the date of receipt of the certified copy of the order of this Court.

(3.) It transpires that the said petition was not disposed of within the aforesaid period. As a result of the above, the election petitioner instituted contempt proceedings, on which notices were issued to the Sub Divisional Officer, Sadar, Deoria for non-complinace of the order of this Court. Both the petitioners here were posted as Ahalmads (revenue) in the Court of respondent No. 6 and were accordingly charged with derelection of duty and negligent conduct and ultimately imposed the penalty of stoppage of three increments with cumulative effect together with an entry of censure in their relevant service records. These punishments were imposed upon both the petitioners on 6th June, 2008 and subsequently affirmed in appeal by orders dated 31st March, 2009 and 18th April, 2009 respectively. It is aggrieved by the aforesaid orders that these two petitions came to be preferred.