RAMA KANT MISRA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has prayed for quashing of the order dated 30th March, 1990, by which the petitioner has given an adverse entry and denying full pay for the period of suspension. It is further prayed that opposite parties be directed to comply with the order dated 30th June, 1986 passed by the Tribunal and to declare the transfer order dated 10.10.90 as illegal.

(2.) THE facts stated in brief are that the petitioner was appointed as Junior Assistant in the office of Milk Commissioner (Dugdhshala Vikas), U. P.. Lucknow on 1st September, 1977. Juniors to the petitioner were promoted to the post of senior Assistant but the petitioner was denied his promotion when it became due. THEn he filed a claim petition before the U. P. Public Services Tribunal, which was allowed by order dated 30.6.86. In the operative portion of the order of the Tribunal, it was directed that the seniority of the petitioner shall be counted from 1.9.77 from the date he was first appointed in ad hoc capacity with all consequential benefits. It was also directed that the petitioner be treated senior to opposite party No. 3 Smt. Usha Srivastava.

(3.) THE petitioner was thereafter re-instated and it was found that charges Nos. 1, 2, 3 and 8 were proved. It is not clear as to what materials were utilised by the punishing authority in arriving at the conclusion that these charges were proved. THE first punishment awarded to the petitioner is the adverse entry without mentioning the year to which it relates and the second punishment is that no suspension allowance be paid besides which has already been paid.