Allahabad High Court High Court

State Of U.P.,Thru. … vs S.K. Singh on 14 July, 2010

Allahabad High Court
State Of U.P.,Thru. … vs S.K. Singh on 14 July, 2010
Court No. - 2

Case :- SERVICE BENCH No. - 934 of 2010

Petitioner :- State Of U.P.,Thru. Secretary,Institutional Finance & Anr.
Respondent :- S.K. Singh
Petitioner Counsel :- Standing Counsel

Hon'ble Uma Nath Singh,J.

Hon’ble Devendra Kumar Arora,J.

Learned counsel for petitioners on the basis of statement made before the
Tribunal submits that the claim regarding stoppage of increment has not been
included in the category of major penalty in the substantive rule of U.P.
Government Servant (Discipline & Appeal) Rules, 1999. Thus, it would
always be treated as minor penalty since it has been awarded under the Civil
Service (Classification, Control & Appeal) Rules, 1930.

According to learned counsel, there was no requirement for regular
departmental enquiry as has been held by the Tribunal in allowing the claim
petition and quashing the impugned order.

Hence, issue notice.

Order Date :- 14.7.2010
Suresh/-