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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Jagdamba Prasad Dubey – Appellant
Versus
State Of U. P. Thru Secy. Jail Administration and Reforms – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Shri Lalit Shukla, learned Counsel representing the petitioner and learned Standing Counsel representing the respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, Jagdamba Prasad Dubey, challenging the judgment and order dated 09.10.2015 passed by the U.P. State Public Services Tribunal, (hereinafter referred to as the `Tribunal') Lucknow, whereby Claim Petition No. 754 of 2014 filed by the petitioner has been dismissed.
The petitioner is also challenging the validity of order of punishment dated 27.06.2008, by which he was reverted to two stage below in the present pay-scale as well as the appellate order dated 28.06.2013, by which his appeal preferred against the aforesaid punishment order was dismissed.
3. Briefly stating, the facts of the case are that the petitioner was appointed as a Deputy Jailor in the pay-scale of Rs.9300-Rs.34500/-(Grade Pay-Rs.5400/-) and was posted in the same capacity at Central Jail, Naini, Allahabad on 14.07.1997. He remained posted at different places and worked with full devotion and satisfaction of the higher authorities during his employment.
4. Appa
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The punishment imposed must be in accordance with the prescribed list of punishments under the relevant rules and should not deviate from the statutory provisions.
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
The punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
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