OM PRAKASH SHUKLA, ATTAU RAHMAN MASOODI
U. P. State Sugar and Cane Devp. Corp. Ltd. Through Its M. D. – Appellant
Versus
Surendra Prasad Mishra – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. This writ petition under Article 226 of the Constitution of India has been instituted by the petitioners, assailing the correctness of the judgment/order dated 11.11.2010 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as the ‘Tribunal’), whereby (i) Claim Petition No. 810 of 2008 filed by the claimant/respondent no.1 (Surendra Prasad Misra) has been allowed; (ii) the order of punishment dated 23.05.2007 and consequential order dated 02.01.2008 passed on appeal preferred by the respondent no.1-claimant have been quashed; and (iii) the respondents/petitioners herein have been directed to pay full retiral dues and full salary for suspension period except what has already been paid, as per rules.
2. Apparently, by means of the punishment order dated 23.05.2007, an amount of Rs.1,05,42.50 was ordered to be recovered from the retiral dues of the respondent no.1-claimant and his pay for suspension period, except subsistence allowance was also ordered to be withheld.
3. The facts, in nutshell, are that in the year 1972, the claimant/respondent no.1, Surendra Prasad Mishra, was appointed on the post of Storekeeper in U.P. State
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