Court No. - 38 Case :- WRIT - A No. - 585 of 2010 Petitioner :- Digvijay Bahadur Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Deepak K. Jaiswal Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Sri Deepak Kumar Jaiswal contends that the impugned order has been
passed on the strength of the comments of the punishing authority
which was obtained by the appellate authority and without discussing
the objection raised against the punishment order, conclusions have
been drawn in paragraph no.6 against the petitioner relying on the
comments that was sent by the punishing authority. Sri Jaiswal
contends that the aforesaid procedure is erroneous in law inasmuch as
the appellate authority ought to have independently apply its mind to the
grounds of appeal taken by the petitioner and should not have based
the order on the mere comments of the punishing authority. The
aforesaid contention appears to be correct. Learned Standing Counsel
states that the impugned order be set aside and the matter be remitted
back for a decision afresh.
Accordingly, the order dated 26.10.2009 is quashed with a direction to
the Respondent No.1 to independently consider the records and
thereafter taking into account the objections in the grounds of appeal of
the petitioner, an independent finding be recorded and the order be
passed as expeditiously as possible preferably within a period of 2
months from the date of production of a certified copy of this order
before him.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 8.1.2010
Irshad