STATE OF U P Vs. KRIPA SHANKAR MISRA

JUDGEMENT

(1.) THE appointing authority terminated the service of a government employee. He filed a claim petition before the U. P. Public Services Tribunal, THE Tribunal allowed the petition, quashed the termination order, and directed that the petitioner would continue in service with alt consequential benefits. Against that judgment of the Tribunal the State has filed the present writ petition.

(2.) THE facts are that the employee was a warden in jail. He was temporary. During his seveen years of service 16 petty punishments were awarded to him. On 12-11-1976 there was some upheaval in jail and the prisoners went out of control and started pelting brick-bats. In this respect a Magistrate also made an enquiry. About 10 days thereafter on 22-11-76, the service of the petitioner was terminated by a simple order. THE petition was filed in the year 1986 that is ten years after the' date of termination order.

(3.) THE mere fact that the Magistrate made some sort of enquiry and the order was passed within ten days after the incident does not seem to make any difference. THE enquiry made by the Magistrate was not departmental enquiry. It was rather a Magisterial enquiry.