State Of U.P. And Another vs Smt. Namrata Sharma And Another
2017 Latest Caselaw 3420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 37146 of 2017
 

 
Petitioner :- State Of U.P. And Another
 
Respondent :- Smt. Namrata Sharma And Another
 
Counsel for Petitioner :- Jaiprakash Narain Raj
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Jaiprakash Narain Raj, learned Chief Standing Counsel IV for the petitioner.

While assailing the impugned order dated 20.10.2016, learned Chief Standing Counsel submits that Tribunal has erred in allowing the claim petition by setting aside the order dated 27.01.2015 and 08.07.2015. In his submissions in case, the Tribunal was of the opinion that the Principal Secretary could not decide the appeal, as he himself in the capacity of Excise Commissioner has passed the punishment order in that eventuality after setting aside the punishment and appellate order, the matter ought to have been remanded back for a fresh decision by another Principal Secretary without their being any direction to pay the entire benefits alongwith interest to the respondent.

Prima facie, there appears to be some substance in the submission of learned Chief Standing Counsel IV.

Matter requires scrutiny.

Issue notice to respondent no.1 through registered post. No notice be issued to respondent no.2.

Steps be taken within 10 days.

List after service of notice.

Without prejudice to the rights and contents of the parties, till the next date of listing, effect and operation of the impugned order dated 20.10.2016 passed by Learned Member Public Service Tribunal in Claim Petition No.1261 of 2015(Smt. Namrata Sharma vs. State of U.P. and Another) shall remain stayed.

Order Date :- 19.8.2017

Swati