Ram Pujan Srivastva vs State of U. P. - 2022 Supreme(All) 1454

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1454

RAJAN ROY
Ram Pujan Srivastva – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Sharad Pathak and Piyush Pathak.

JUDGMENT :

1. Heard Shri Sharad Pathak, learned counsel for petitioner and Shri Vivek Shukla, learned Additional Chief Standing Counsel for State.

2. Ordinarily in matters of minor punishment the High Court is loathe to interfere and the petitioner is relegated to the alternative remedy before the U.P. Public Services Tribunal, however, the contention of Shri Sharak Pathak, learned counsel for the petitioner in this case is that there is apparent error on the face of the record as while passing the impugned order the Special Secretary to the Government who has passed the order has merely quoted the Charge, the finding of the Inquiry Officer in respect thereto and response of the petitioner to the show-cause notice and the inquiry report. This has been done from internal Page 1 to internal page 6, up to this stage there is absolutely no discussion of the findings by the Inquiry Officer, the reply submitted by the petitioner to the charge-sheet, the evidence which may have been collected in the inquiry, independently and objectively by the Disciplinary Authority to arrive at any finding. It is only in Para 3 that the Special Secretary has expressed his opinion. Para 3 reads as under

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