Court No. - 4 Case :- SERVICE BENCH No. - 336 of 2009 Petitioner :- State Of U.P. Thru Prin. Secy. Medical & Health & Others Respondent :- Satguru Prasad S/O Shiv Nath Prasad & Anr. Petitioner Counsel :- Standing Counsel Respondent Counsel :- C.S.C.,Harshvardhan,Indra Pal Singh,S.P. Singh Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard Sri Sanjay Bhasin, learned Additional Chief Standing Counsel for
the State and and Sri I.P.Singh for the respondent.
The State is aggrieved by the judgment and order of the Tribunal dated
11.11.2008 by which the Tribunal has allowed the claim of the petition to
the extent that the charge-sheet dated 31.3.2008 and the show-cause
notice dated 16.4.2008 and the enquiry proceedings initiated on the
basis of the charge-sheet dated 25.10.2007 were quashed. The
respondent was made entitled to get full salary of the suspension
period with effect from 24.7.2007 till the date of reinstatement.
It is contended that the Tribunal has misread the charge-sheet and the
documents. Charges were specific which could be the basis of the
enquiry and if the show-cause notice was quashed, the matter should
have been remanded for fresh inquiry rather than closing it.
The respondent has retired from the post of Drug Controller on 31st
January, 2009.
We have gone through the charges of the charge-sheets dated 25th
October, 2007 and 31.3.2008. All the charges relate to the negligence in
discharge of duties and inefficiency. None of the charges relate to
financial irregularities or misappropriation of money causing loss to the
State Govt.
We, therefore, do not find it equitable to interfere with the order of the
Tribunal.
The writ petition is dismissed.
Order Date :- 7.1.2010
VB/-