State Of U.P. Thru. Prin. Secy. ... vs Raj Narain Singh Yadav And Another
2023 Latest Caselaw 4268 ALL

Citation : 2023 Latest Caselaw 4268 ALL
Judgement Date : 9 February, 2023

Allahabad High Court

State Of U.P. Thru. Prin. Secy. ... vs Raj Narain Singh Yadav And Another on 9 February, 2023

Bench: Ramesh Sinha, Subhash Vidyarthi




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 1245 of 2023
 

 
Petitioner :- State Of U.P. Thru. Prin. Secy. Excise Deptt. U.P. Govt. Civil Secrt. Lko. And Another
 
Respondent :- Raj Narain Singh Yadav And Another
 
Counsel for Petitioner :- C.S.C.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Ajai Kumar Singh, learned Addl. C.S.C. for the State-petitioner.

2. The instant petition has been filed by the State of U.P. and the Excise Commissioner against the judgment and order dated 21.7.2020 passed by the State Public Service Tribunal (hereinafter referred as 'the Tribunal') in Claim Petition No. 1932 of 2018, which was filed by the respondent no. 1 challenging the punishment order dated 1.3.2016 awarding a censure entry to him.

3. The order awarding censure entry was challenged before the Tribunal on the ground that no show-cause notice was issued to the respondent no. 1 prior to passing of the punishment order. The learned presenting officer, representing the State, had contended before the Tribunal that the order awarding censure entry was not an order of punishment and, therefore, there was no need to issue a notice prior to awarding the censure entry. The respondent no. 1 had submitted a representation against the adverse entry on 6.4.2016, which was disposed of by the Government on 20.6.2017, after considerable delay.

4. In view of the aforesaid facts, the Tribunal disposed of the claim petition providing that the entry awarded to the respondent no. 1 be not treated to be adverse for the purposes of promotion, crossing efficiency-bar and other service related matters of the respondent no. 1.

5. As the stand of the petitioner before the Tribunal was that the censure-entry had not been awarded to the petitioner by way of punishment,we find no error or illegality in the aforesaid order passed by the Tribunal. The writ petition lacks merits and the same is accordingly dismissed.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 9.2.2023

A.Nigam