ORDER :

G.B. Pattanaik, J.

The State of U.P. is in appeal against the impugned judgment of the Allahabad High Court in Writ Petition No. 671/2002. The delinquent respondent was a constable and he had been posted, on night duty to guard the armoury. On inspection being conducted on 26th October, 1985, be was found to be sleeping and, therefore, a regular charge was framed against the aforesaid delinquent. An inquiry was conducted and on the basis of the report of inquiry he was found to be guilty and ultimately the disciplinary authority dismissed him from service. Ho carried the matter in appeal and appeal being dismissed, he approached the U.P. State Public Services Tribunal. The service tribunal also dismissed his application. He, therefore, filed a writ petition. The review petition was also dismissed and he filed a review before the High Court invoking the jurisdiction under Article 226 of the Constitution. The High Court in the impugned judgment came to the conclusion that the finding of guilt is a finding of fact and therefore, it has no jurisdiction to interfere with that finding. Having come to the aforesaid conclusion, the High Court was of the opinion that the punishment is