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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJAN ROY, MANJIVE SHUKLA
Shiv Bachan Gautam – Appellant
Versus
State Public Services Tribunal,Lko. Thru. Its Chairman – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings and dismissal history. (Para 2 , 3 , 4 , 5 , 6) |
| 2. challenge to punishment orders and legal claims. (Para 7 , 8) |
| 3. arguments on entitlement to salary and legal provisions. (Para 9 , 11 , 12 , 13 , 14) |
| 4. court's examination of procedural aspects and judgments. (Para 15 , 16 , 17 , 18) |
| 5. interpretation of fundamental rule 54-a. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. final decision and directions for payment. (Para 28 , 29 , 30) |
JUDGMENT :
Manjive Shukla, J.
1. Heard Shri Om Prakash Misra, learned counsel for the petitioner and Shri Kumar Sambhav, learned Standing Counsel appearing for the respondent nos.2 to 5.
2. The captioned writ petition has been filed assailing therein, the judgment and order dated 22.03.2023 passed by the learned State Public Services Tribunal, Indira Bhawan, Lucknow in Claim Petition No.1332/2020 ( Shiv Bachan Gautam vs. State of U.P. and others ) whereby, the claim petition had been dismissed.
3. The facts of the case, in brief, are that initially disciplinary proceedings were conducted against the petitioner and a punishment order was passed on 27.02.2004 whereby, punishment in the form of reversion at the b
A government employee dismissed on grounds deemed excessive is entitled to financial compensation during the intervening period, contingent on demonstrating non-employment during dismissal.
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.
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
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....
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....
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