LAWS(ALL)-2018-7-129

STATE OF UTTAR PRADESH Vs. JAI PRAKASH SRIVASTAVA

Decided On July 25, 2018
STATE OF UTTAR PRADESH Appellant
V/S
JAI PRAKASH SRIVASTAVA Respondents

JUDGEMENT

(1.) Heard learned State counsel for the petitioner and Shri R.C. Sinha, learned counsel for the respondent.

(2.) By means of the present writ petition, the petitioner has challenged the impugned judgement and order dated 29.09.2016 passed by the State Public Service Tribunal, Indira Bhawan, Lucknow (in short 'the Tribunal') in Claim Petition No.170 of 2016 (Jai Prakash Srivastava v. State of U.P & others).

(3.) The facts in brief of the present case as submitted by learned counsel for the petitioner are that the respondent/claimant-Jai Prakash Srivastava while working on the post of Jailer at District Jail, Kheri was placed under suspension by an order dated 01.08.2014 on the ground that certain accused/convicted persons were getaway from the main gate of the jail. Thereafter a charge sheet was issued to the respondent/claimant containing two charges to which he submitted his reply on 13.10.2014. The disciplinary authority has appointed an inquiry officer to conduct the inquiry proceedings. The inquiry officer has conducted the inquiry and submitted his report to the punishing authority on 28.11.2014. The punishing authority/Deputy Director General of Police/Inspector General of Prison, Jail Reform, U.P., Lucknow issued a show cause notice 09.12.2014 along with inquiry report to the respondent/claimant to which he submitted his reply on 16.12.2014.