STATE OF U P Vs. SATYANAM DUBEY

JUDGEMENT

(1.) THIS writ petition has been filed by the State challenging the order dated 15.02.2008 passed by the State Public Services Tribunal by means of which the punishment order i.e. order of dismissal from service dated 26th July 1987 has been quashed and the petitioner was directed to be reinstated in service forthwith and paid salary with effect from the date he joins service. However, so far as the back wages are concerned it was directed by the Tribunal that the appellants shall take a decision with regard thereto within a period of three months. The Tribunal also considered the fact that the respondent had been incurring expenses and suffering mental agony due to such a long drawn litigation for about 22 years, therefore, liberty to hold enquiry denovo was refused.

(2.) THE State Government had full knowledge of the aforesaid order, as the matter was contested by the State but it has not chosen to file any writ petition to challenge the said order within a reasonable time. It is for the first time, that after more than one year, the writ petition has been preferred on 27.02.2009. THEre is no explanation, even for name sake, worth being accepted for not coming to the Court within reasonable time.

(3.) AN attempt has been made by the learned counsel for the appellants to show that the opportunity was given to the respondent by the Enquiry Officer but we are not satisfied with the aforesaid argument.