ADHYA GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 28.4.2011 by which the petitioner was punished with the punishment of dismissal from service.

(2.) The learned counsel for the petitioner submits that initiation of inquiry by the High Court, consideration of inquiry report by the Administrative Committee and recommendation of the punishment by the Full Court are in violation of the Rules applicable to the subordinate officers.

(3.) To elaborate the arguments, learned counsel for the petitioner submits that the disciplinary action against the officers can be taken under Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999 ( in short 'Rules of 1999), as has been given under the Uttar Pradesh Judicial Services Rules, 2001( for short 'Rules of 2001'). Rule 34 provides that if any matter is not specifically covered by the Rules of 2001, the members of the Service shall be governed by the Rules and regulations applicable generally to the Government Servants, serving in connection with the affairs of the State.