STATE OF U P Vs. JOTHAN RAM PATEL

JUDGEMENT

(1.) HEARD the learned Standing counsel for the petitioners and Sri G. K. Dwivedi, the learned counsel for the opposite party No. 1.

(2.) THE petitioners have filed the instant writ petition against the judgment and order dated December 17, 1997 passed by the State public Services Tribunal Lucknow, by which the claim petition preferred by the opposite party No. 1 was allowed and the punishment order was quashed with liberty to the petitioners to start de novo proceeding against the opposite party No. 1 from the stage of supplying the copy of the inquiry report if they are so advised.

(3.) THE brief facts of the case are that the opposite party No. 1 on the basis of charges was placed under suspension by the order dated July 21, 1982. The petitioners thereafter served the charge-sheet dated October 12, 1983 upon the opposite party No. 1. An FIR was also lodged against the opposite party No. 1 under Section 409 1pc. In spite of sufficient opportunity afforded to the opposite party No. 1 by the inquiry officer, no reply was submitted by the opposite party No. 1. The inquiry officer thereafter submitted the inquiry report and thereafter the disciplinary authority passed the order dated June 22, 1984 by which the opposite party No. 1 was dismissed from service.