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2022 Supreme(SC) 249

M. R. SHAH, B. V. NAGARATHNA
State of Uttar Pradesh – Appellant
Versus
Rajit Singh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. V.K. Shukla, Sr. Adv. Mr. Tanmaya Agarwal, AOR Mr. Wrick Chatterjee, Adv. Mr. Shantanu Singh, Adv. Mr. Upendra Mishra, Adv.
For the Respondent(s): Mr. Utkarsh Srivastava, Adv. Ms. Ila Shikhar Sheel, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Service Bench No. 5554 of 2020 by which the High Court has dismissed the said writ petition and has refused to set aside the order passed by the U.P. State Public Service Tribunal (hereinafter referred to as “Tribunal”) passed in Claim Petition No. 2226 of 2017 whereby the claim petition of the respondent employee came to be allowed and the order passed by the Disciplinary Authority imposing the penalty/punishment came to be set aside, the State of Uttar Pradesh has preferred the present appeals.

2. That the respondent employee was serving as a Junior Engineer at Balia. An enquiry was conducted by a Departmental Task Force where it was found that he had committed financial irregularities causing loss to the Government. Disciplinary proceedings were initiated against the respondent and others. The respondent was served with charge-sheet. That thereafter the Enquiry Officer held the charges alleged against the respondent employee as proved and consequently also held the misconduct proved. The Disciplinary Authority conc


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