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2024 Supreme(All) 926

J. J. MUNIR
Puran Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sanjeev Singh, Pramod Kumar Srivastava.
For the Respondents: Mahesh Chandra Chaturvedi, Suresh Singh, Suresh C. Dwivedi.

JUDGMENT :

J.J. MUNIR, J.

1. This writ petition is directed against the order dated 08.08.2023 passed by the Additional Chief Secretary, Department of Housing and Urban Planning, Government of Uttar Pradesh Lucknow, punishing the petitioner with the withholding of two increments with cumulative effect and awarding a censure after disciplinary proceedings.

2. The facts giving rise to this writ petition are these:

    The petitioner was appointed an Assistant Engineer by the respondents vide office order dated 25.08.1987 pursuant to the recommendations of a Selection Committee, along with thirteen others. He was regularised vide Office Order dated 20.11.2001, along with ten others. The State Government is the petitioner’s appointing and disciplinary authority. The petitioner had worked as an Assistant Engineer in various development authorities and his services are governed by the Uttar Pradesh Development Authorities Centralised Service Rules, 1985. [‘Rules of 1985’ for short] The eligibility for promotion from the post of Executive Engineer to Superintending Engineer is by way of 100% promotion. Thus, the cadre of Executive Engineers in the service governed by the Rules constitutes the fee

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