STATE OF U.P. Vs. MEERA TRIPATHI

JUDGEMENT

(1.) Heard Sri Deepak Mehrotra, learned Standing Counsel for the petitioners on the question of admission.

(2.) By this writ petition, the State is assailing the order of 26.9.2018 passed by the State Public Services Tribunal, whereby the Tribunal quashed the orders impugned in the claim petition on the ground that before any order is passed by the Governor under Rule 16 of U. P. Government Servant (Discipline and Appeal) Rules, 1999, the Commission was not consulted, as required under the Uttar Pradesh Public Service Commission (Limitation of Functions) Regulation, 1954, as amended from time to time and the proposed punishment was inflicted upon the respondent. The second ground is that the charge sheet was issued and thereafter, they initiated disciplinary proceedings, after adopting the procedure for imposing major penalties as per Rule 7 of 1999 Rules, without recording any oral evidence or oral enquiry and by the impugned punishment order dated 6.1.2017, minor penalty under Rule 3 of the 1999 Rules has been inflicted upon the respondent.

(3.) Though the subject matter of enquiry was in respect of the year 2009, but on account of the fact that the respondent has retired from service on 30.6.2017 on attaining the age of superannuation, learned Tribunal, after considering the law laid down by the Apex Court as well as Allahabad High Court and relevant provisions of 1999 Rules, came to the conclusion that punishment order is not sustainable and quashed the same and other consequential orders with a direction to the State/ petitioners to provide all benefits to the respondent within a period of three months from the date of receipt of a certified copy of this order. Paras 7 to 23 of the impugned order dated 26.9.2018 are relevant which read as under:-