STATE OF U.P. Vs. VINAY KUMAR DUBEY

JUDGEMENT

(1.) Mr. Sunil Kumar Mishra, Advocate has put in appearance on behalf of respondent no. 1 and files vakalatnama, the same is taken on record.

(2.) This writ petition has been filed on behalf of the State of Uttar Pradesh through Principal Secretary, Jail Administration and Reforms as well as Upper Police Maha Nideshak/Inspector General, Jail Administration and Reforms challenging the judgment and award dated 11.4.2019 passed in Claim Petition No. 948 of 2018 (Dr. Vinay Kumar Dubey vs. State of U.P. and others) whereby the learned Tribunal has allowed the claim petition quashing the impugned punishment order dated 4.10.2016, however, with liberty to the Department to proceed a fresh in accordance with law, after giving opportunity to the respondent no. 1.

(3.) As per facts as set out in the writ petition, a show cause notice was issued to the respondent no. 1 with regard to certain allegations. The respondent no. 1 did not file any reply to the show cause notice dated 16.12.2014. The competent authority as such proceeded to award the punishment of censure entry to the respondent no. 1 vide order dated 4.10.2016. The respondent no. 1 thereafter filed appeal before the appellate authority. The said appeal was dismissed vide order dated 27.4.2018. It was thereafter that the respondent no. 1 filed claim petition before the U.P. Public Services Tribunal challenging the punishment order dated 4.10.2016 as well as appellate order dated 27.4.2018. The learned Tribunal after hearing the parties has allowed the claim petition and quashed the punishment order dated 4.10.2016 and appellate order dated 27.4.2018 with liberty to proceed a fresh. Hence, the present writ petition has been filed challenging the said order.