LAWS(ALL)-2008-2-146

STATE OF U P Vs. SURYAVEER SINGH

Decided On February 19, 2008
STATE OF UTTAR PRADESH Appellant
V/S
SURYAVEER SINGH Respondents

JUDGEMENT

(1.) DEVI Prasad Singh, J. Heard Sri Ashok Shukla, learned Stand ing Counsel for the petitioners and Sri V. K. Srivastava learned counsel for the opposite party No. 1.

(2.) THE brief facts of the case are that while the opposite party No. 1 was posted as Sub-Inspector at Badaun he applied for five days casual leave with effect from 8. 4. 1986 and reported for duty after fifty five days. A charge-sheet dated 10. 12. 1986 was issued to the opposite party No. 1. THE opposite party No. 1 never submitted any reply to the charge-sheet and thereafter on the basis of the enquiry report the opposite party No. 1 was dismissed from services by the order dated 20. 10. 1987, Against the dismissal order the opposite party No. 1 filed an appeal before the Inspector General of Police, Bareilly Zone which was dismissed by the order dated 21. 12. 1991. Being aggrieved by the appellate order and dis missal order the opposite party No. 1 also preferred the revision before the Direc tor General of Police which too was dismissed by the order dated 12. 2. 1997. Being aggrieved by the dismissal order dated 20. 10,1987, the appellate order dated 21. 12. 1991 and the revisional order dated 12. 2. 1997 the opposite party No. 1 filed the Claim Petition under Section 4 of the U. P. State Public Services Tribu nal Act, 1976 before the State Public Services Tribunal, Lucknow. THE said Claim Petition was contested by the petitioners by filing the written statement. THE State Public Services Tribunal after considering the material on record and after hearing the learned counsel for the parties allowed the Claim Petition and quashed the impugned orders dated 20. 10. 1987, 21. 12. 1991 and 12. 2. 1997 with all conse quential benefits to the opposite party No. 1. Being aggrieved by-the judgment and order passed by the State Public Services Tribunal the petitioners have filed the instant writ petition.

(3.) WE have considered the submissions made by the learned counsel for the parties and gone through the record.