NARPAT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Mishra, learned counsel for petitioner and learned Standing Counsel.

(2.) This writ petition under Article 226 of Constitution of India has come up against part of judgment of State Public Services Tribunal, Lucknow passed on 07.01.2009 to the extent it has denied arrears of salary to petitioner from the date, he was out of employment pursuant to the order of removal/dismissal dated 29.02.1992, which has been set aside by Tribunal on the ground that no charge of mis-conduct under rule 29 of U.P. Government Servants Conduct Rules, 1956 was found proved against petitioner.

(3.) It is contended that once dismissal order has been found illegal as the charge itself was not proved, denial of salary to petitioner for the period, he was forced not to serve the department pursuant to illegal order of dismissal passed by authority, is impermissible and this part of judgment of Tribunal is clearly erroneous and illegal.