DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
State of Uttar Pradesh through Principal Secretary, Irrigation Department, U. P. – Appellant
Versus
Rakesh Mohan – Respondent
ORDER :
1. Though an application for early hearing was listed, regard being had to the narrow compass in which the dispute lies, with the consent of the learned counsel appearing for the parties, the civil appeal is finally heard. The interlocutory application for early hearing stands disposed of.
2. The respondent herein filed a claim petition under Section 4 of the Uttar Pradesh Public Services (Tribunal) Act, 1976 (for brevity, ‘the Act’) challenging the orders dated 21st November, 2001 and 18th March, 2004, by which he was visited with the punishment of censure and withdrawal of two increments for two years temporarily. We need not advert to the allegations made against the respondent and the findings in the inquiry. Suffice it to mention that the respondent raised many a ground before the tribunal including the violation of the principles of natural justice.
3. The tribunal by an order dated 28th November, 2006, came to hold that there was a violation of the principles of natural justice and that apart, there was no basis in the entire inquiry. The inquiry officer did not hold anything about the dishonesty of the respondent and, therefore, the punishment was not justified. The
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