PRADEEP KANT, RITU RAJ AWASTHI
State of U. P. – Appellant
Versus
Ashish Niranjan and Anr. – Respondent
This writ petition, by the State of U.P. has been filed challenging the order dated 15.12.2010, passed by the State Public Services Tribunal, by means of which the Tribunal has set aside the order of punishment dated 18.07.2008 i.e. award of censure entry.
Before proceeding to consider the plea of the petitioner, we are constrained to observe that not only the Inquiry Officers appointed by the State Government/Appointing Authority have been consistently holding departmental inquiry as against the provisions of law and against the pronouncement made by this Court as well as by the Apex Court but the Appointing Authorities have also, despite there being repeated orders passed by this Court that it is their legal obligation to see that the inquiry is conducted in accordance with law i.e. both procedurally and substantially have been passing orders of punishment carelessly, and negligently.
In various orders passed by this Court, the attention of the Chief Secretary, Government of U.P. was drawn for checking the flimsy designed inquiry proceedings which ultimately give advantage to the delinquent who is charged of serious offence/misconduct but it appears th
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