Court No. - 29 Case :- WRIT - A No. - 11013 of 2007 Petitioner :- Bhagwan Swaroop Kulshreshtha Respondent :- State Of U.P. Thru' Principal Secretary & Others Petitioner Counsel :- Pankaj Srivastava,L.P.Singh,P.K.Sharma,Shyam Sunder Respondent Counsel :- C.S.C.,S.P. Singh Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Heard Sri L.P. Singh, learned counsel for the petitioner.
Learned standing counsel appears for respondents.
The petitioner filed a claim petition No. 802 of 1999
challenging the order by which his two increments were
stopped and a censure entry was awarded to him. The
Tribunal vide judgment dated 13.2.2001 quashed the
punishment order as well as appellate order, and directed
that all consequential benefits be given to the petitioner. It is
alleged by the petitioner that he was working as Lekhpal and
was promoted as Assistant Teacher, which is equivalent to
Supervisor Kanungo. He has not been reinstated as
Assistant Teacher/Supervisor Kanungo, and is continuing as
Lekhpal. The contempt petition filed by him in the Tribunal
was rejected on 12.10.2006 giving rise to this writ petition.
We have gone through the order of the Tribunal dated
13.2.2001 and find that the order of punishment and the
appellate order were set aside. The consequential reliefs in
such matter will be financial implications of stoppage of two
increments and expunge of censure entry. The question
whether the petitioner was to be reinstated on the post of
Assistant Teacher/Supervisor Kanungo, from which he was
placed under suspension, is a matter, which may give a
separate cause of action for the petitioner either before the
Tribunal or this Court.
The Tribunal has committed any error in rejecting the
contempt proceeding, which was confined to the
compliance of the order of the Tribunal.
The writ petition is dismissed.
Order Date :- 4.8.2010
nethra