U.P. State Road Transport Corporation ... vs Brahma Dev Tiwari And 2 Others
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Allahabad High Court

U.P. State Road Transport Corporation ... vs Brahma Dev Tiwari And 2 Others on 19 November, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:76387
 
Court No. - 2
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 166 of 2022
 

 
Applicant :- U.P. State Road Transport Corporation Thru.Chairman Lko.And 4 Others(Wria No. 1846/2022)
 
Opposite Party :- Brahma Dev Tiwari And 2 Others
 
Counsel for Applicant :- Ratnesh Chandra
 
Counsel for Opposite Party :- Brijesh Kumar,Satya Prakash Mishra
 

 
Hon'ble Rajan Roy,J.
 

1. Heard.

2. Counsel for the applicant seeking review has submitted that the observations of this Court in the judgment dated 01.04.2022 passed in Writ A No. 1846 of 2022 review of which has been sought to the effect that "if it is so then there is no reason as to why the disciplinary authority should have proposed punishment, thereby creating a doubt in the mind of the petitioner that the matter has already been prejudged. Considering the aforesaid, the portion of the show cause notice whereby he has proposed punishment of removal is set aside. The rest of the show cause notice shall remain as it is" suffers from an error apparent on the face of record as there is a provision which permits such proposal of punishment in the show cause notice by the disciplinary authority. To establish his point, counsel for the applicant refers to Regulation 64(4) of U.P. State Road Transport Corporation Employees (Other than Officer) Service Regulations, 1981. The same is misconceived for the reason sub-Regulation 4 of Regulation permits the Inquiry Officer to make his own recommendation regarding penalty to be imposed separately from the proceedings meaning thereby without making such recommendation part of his inquiry proceedings/inquiry report he can recommend it separately, but, in this case the recommendation is not by the Inquiry Officer, here the disciplinary authority had proposed the punishment in the show cause notice. There is no provision requiring the disciplinary authority to propose a punishment at the show cause stage after receipt of inquiry report while confronting the delinquent employee with the inquiry report. In fact, this issue stands settled by a long line of decisions that there is no requirement in law that is why the observations made in the judgment review of which has been sought do not require any review. This judgment is purely in the facts of this case which will have no bearing on other matters.

3. The review application is dismissed.

[Rajan Roy, J.]

Order Date :- 19.11.2024

Santosh/-