State Of U.P.Thr.Pirn Secy Home ... vs Vishambhar Baj
2011 Latest Caselaw 1471 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- SERVICE BENCH No. - 527 of 2008
 

 
Petitioner :- State Of U.P.Thr.Pirn Secy Home And 2 Ors.
 
Respondent :- Vishambhar Baj
 
Petitioner Counsel :- C.S.C
 
Respondent Counsel :- Manish Misra
 

 
Hon'ble Devi Prasad Singh,J.

Hon'ble S.C. Chaurasia,J.

The order of dismissal has been set aside by the tribunal by the impugned order on account of procedural illegality.  The tribunal recorded a finding that the enquiry was held in utter disregard of principle of natural justice.  However, while allowing the claim petition, liberty was given to proceed afresh against the petitioner.

Accordingly, we dispose of the writ petition finally affirming the tribunal's order with liberty to the petitioner to proceed afresh against the petitioner keeping in view the observation made by the State Public Services Tribunal, Lucknow.  In case the petitioner proceed afresh, let a fresh enquiry be held within six months from the date of production of certified copy of this order.  Payment of back wages shall be subject to outcome of fresh enquiry.

Subject to above, the writ petition stands disposed of.

Order Date :- 3.5.2011

Rizvi