ORDER

1. The respondent was a temporary appointed Police Constable. He was posted at the residence of one of the Honble Judges of the Allahabad High Court as a Guard. There was a written complaint by the learned Judge about the misconduct committed by the respondent. A disciplinary enquiry was held. The Enquiry Officer recommended that the respondent be removed from service. At that stage, instead of passing final orders in the said disciplinary proceedings, an order of termination simpliciter was passed under the U.P. Government Temporary Government Servants (Termination Services) Rules, 1975. An appeal was preferred by the respondent against the said termination before the Public Services Tribunal. The Tribunal held that though innocuous in form, in truth the order was penal in nature. Accordingly, the respondents claim petition was allowed and the order of termination was set aside. One and a half years later, the State filed a writ petition in the High Court against the judgment of the Tribunal which was dismissed on the ground of delay. The High Court observed that there is no proper explanation for the delay in filing the writ petition after one and a half years. The present