Judgment

Arijit Pasayat, J.—The State of Uttar Pradesh is in appeal against the judgment rendered by a Division Bench of the Allahabad High Court holding that the order of termination dated 14.10.1992 terminating services of the respondent w.e.f 10.5.1988 was illegal, as held by State Public Service Tribunal, Lucknow, U.P. (in short ‘the Tribunal’). Tribunal’s view was that the order of termination was bad in law, the respondent was to be reinstated in service without all consequential benefits of pay, allowance etc., as per the prevailing rules. Liberty, however, was given to the State and its functionaries to initiate departmental proceedings for the alleged misconduct of respondent-employee.

2. Background facts which need to be noted in brief are as under:

The respondent-employee who was selected by the Uttar Pradesh Public Service Commission (in short ‘the Commission’) for appointment to the post of Medical Officer was posted in the District of Basti. On 29.2.1988 the Chief Medical Officer, Basti directed the respondent-employee to join the Primary Health Centre at Deno Kuiya, District Basti. He submitted the joining report on 29.2.1988. Subsequently, he was transferred to Distric