Hemant Kumar Rai vs State of U. P. - 2023 Supreme(All) 1967

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1967

AJIT KUMAR
Hemant Kumar Rai – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Samarath Singh, Hritudhwaj Pratap Sahi and V.K. Singh
For the Respondent: C.S.C.

JUDGMENT :

Ajit Kumar, J.

In view of the fact that original records relating to disciplinary proceedings in question have been produced before the Court, both the learned counsel for the petitioner and learned Additional Chief Standing Counsel agree that this petition can be heard and decided at this stage itself.

2. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Samarath Singh, learned counsel for the petitioner and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State.

3. Sri Hemant Kumar Rai, the present petitioner, is aggrieved by the punishment order dated 9.10.2023 passed by the State Government inflicting upon him major penalty in the nature of withholding two annual increments with cumulative effect and further directing recovery of a sum of Rs. 44,84,006.00 for the loss caused to the Government.

4. The disciplinary authority hold petitioner guilty for not discharging duties of his office during the relevant period and thus by his act and conduct he violated the conduct rules under U.P. Government Servants Conduct Rules, 1956. Petitioner has been held guilty on the basis of findings returned against him by the enquiry officer in his report d