Chandra Dev Singh vs State Of U.P.Throu Prin.Secy. ...
2017 Latest Caselaw 3509 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 
Case :- SERVICE BENCH No. - 1534 of 2012
 
Petitioner :- Chandra Dev Singh
 
Respondent :- State Of U.P.Through Principal Secretary, Labour Lucknow and Ors.
 
Counsel for Petitioner :- O.P.M.Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Ravindra Nath Mishra-II,J.

1. This writ petition is directed against the judgment and order dated 25.09.2012 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as " Tribunal") dismissing Claim Petition No. 134 of 2012 filled by petitioner against the punishment order dated 05.05.2011 and appellate order dated 15.09.2011. Punishment imposed upon petitioner was witholding of one increment for three years.

2. Learned counsel for petitioner submitted that the responsibility of keeping the provident fund record was on Ragunath Yadav and since he was over worked, therefore, on his request record was produced by petitioner to competent authority hence the entire responsibilities of the endorsements made, if any, was on Ragunath Yadav and not on petitioner. This fact has been ignored by inquiry officer as well as authority concerned and Tribunal has also failed to consider this aspect in the matter.

3. The factum that petitioner produced the document before authorities concerned is not in dispute. With regard to other facts that whatever entries made by Ragunath Yadav, petitioner only briefed the same before competent authority and he himself did not examine the matter, could not be established from record before inquiry officer. No otherwise procedural error in the decision making process could be shown.

4. Concurrent findings of facts have been recorded by authorities which could not be shown perverse so as to warrant interference.

5.  Writ petition lacks merit. Dismissed.

Order Date :- 22.8.2017

Pachhere/-