State Of ... vs Ajay Kumar Mishra
2022 Latest Caselaw 6140 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 4034 of 2022
 

 
Petitioner :- State Of U.P.Thru.Prin.Secy.Excise Dep.Lko.
 
Respondent :- Ajay Kumar Mishra
 
Counsel for Petitioner :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner/State.

Inefficiency in achieving the target of revenue was the charge leveled against the opposite party for proceeding against him through disciplinary proceedings. We find that the delinquent employee has put forth a specific explanation, i.e. the area of his posting being on the Nepal Border. It is clearly explained that across the border, the consumption of liquor is permitted under more conducive conditions to the consumers. Hence, the target stood hampered not on account of any dereliction of duty on his part, but on account of the policy of the State itself. The Tribunal, however, without attributing much to this aspect of the explanation has proceeded to set aside the impugned order on the ground of denial of opportunity to the delinquent employee who has already retired.

We appreciate the submission that the punishment of withholding one increment with cumulative effect was imposed upon the delinquent employee, which, in the event of being found faulty by the learned Tribunal on the ground of lack of opportunity, the matter ought to have been left open to the employer for the delinquent employee being proceeded against afresh, but the explanation that was offered by the delinquent employee as is evident from the record and spelt out in the impugned judgment, we do not find it a fit case for being remanded to the departmental authorities for proceeding against the delinquent employee afresh. The submission put forth by learned State counsel lacks merit and the judgment rendered by the learned Tribunal does not call for any interference by this Court under Article 226 of the Constitution of India.

The writ petition being bereft of any merit is, accordingly, dismissed.

Order Date :- 6.7.2022

ML/-