Back
SALIL KUMAR RAI
Dinesh Prasad – Appellant
Versus
State of UP – Respondent
JUDGMENT :
Hon'ble Salil Kumar Rai, J.
1. The petition involves a question of law and is being decided on the facts stated in the orders passed by the state officers impleaded as respondents in the present petition, therefore, no purpose would be served calling for a counter affidavit.
2. The petitioner is employed as Follower with the U.P Police. Disciplinary proceedings were instituted against the petitioner under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991 (hereinafter referred to as, 'Rules, 1991') and a charge sheet dated 29.8.2018 was served on the petitioner. The charge against the petitioner was that the petitioner, without informing his Officers and without any leave, absented from duty between 24.6.2018 and 26.6.2018. Another charge against the petitioner was that after joining the petitioner went on a hunger strike and refused to resume his mess duty which adversely affected the reputation of the police force.
3. The petitioner submitted his reply denying the charges. The inquiry report was submitted on 5.9.2018 holding the petitioner guilty of the charges levelled against him. A show cause notice dated 11.7.2019 w
A reinstated government servant who has been fully exonerated is entitled to full pay and allowances for the period of absence due to wrongful dismissal, as per Rule 54(2) of the Financial Handbook.
A government employee dismissed on grounds deemed excessive is entitled to financial compensation during the intervening period, contingent on demonstrating non-employment during dismissal.
Disciplinary proceedings must be supported by evidence, and penalties must be proportionate to the misconduct; employees reinstated after wrongful removal are entitled to full pay and allowances unle....
Employment and service matter - Wages - No substantial difference between Rule 54 and Rule 54-A of Fundamental Rules, except that in one case, reinstatement is in consequence of an order made in depa....
The 'no work no pay' rule does not apply when the employee is kept away from work due to the illegal and arbitrary actions of the department. In such cases, the employee is entitled to benefits for t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
