Anek Pal Singh Rathore v. State of U.P. and 3 Others

Court No. - 34 Case :- WRIT - A No. - 18153 of 2023 Petitioner :- Anek Pal Singh Rathore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- CSC Hon'ble Ajit Kumar,J.

¶1Heard Sri Siddharth Khare, learned counsel for the petitioner as well as learned Standing Counsel for the State.

¶2Both the petitioners are heard and decided together as they involve same issue.

¶3Petitioner, who was working as Gram Vikas Adhikari, was placed under suspension in the year 2011 in contemplation of an enquiry. Ultimately he was visited with a final punishment order passed on 19.06.2019 in which following punishments were imposed: 1-

शशसककयकशयरककपततलशपरवशहहवअतनयतमतकशयरशशलहकककमममतनषश

ससतदगधककजशतहहश। 2-

ससचयहपभशवसकआगशमह6 (छक)

वकतनबबतदयशसथशयहरपसकररककजशतहहश। 3-

शशसककयधनरशतशमम०8,34,530-00 (

आठलशखचचतहसहजशरपशपचसच

तहसर०)

ककगबन/

दमतवरतनयरजजतधनरशतशककबससलहअवशकषसकवशअवजध05

वषर07

मशहमममम०11,000 (

गयशरशहजशरर०)

पततमशहककदरसककमल67

(सरसठ)

तकसतरमममम०733000-00 (

सशतलशखतशतहसहजशरर०) तथश

शकषधनरशतशककबससलहसकवशतनवबजतककदकयककसकककजशयकगह।शशसककय

धनरशतशककगबनककबससलहमशहजसन2019

ककवकतनसकककजशयकगह। 4-

शहअनकपशलजससहरशठचर,

गश०तव०अ०करतनलमबनककततजथककपसवरमशह

जसतमबर2011

करपशपवकतनपकमममसथशयहरपसकरखतकहहएसवकतनबहशल

तकयशजशतशहश।

¶4The matter ultimately traveled to this Court at the stage of appeal and therefore, the Court directed that the appeal and stay application of the petitioner be disposed of in accordance with law, the matter was disposed of on 07.05.2022. The appellate authority accordingly proceeded to decide the pending appeal of the petitioner and ultimately allowed the appeal vide order dated

03.03.2023 in following terms:

1.

जजलशतवकशसअजधकशरह,

बदशयसपकशआदकशससखयश436/सथश०-02/ जशसच/ 2019-20

तदनशसक19.06.2019

ततकशलपभशवसकतनरसततकयशजशतशहश

तथशअपहलशथरकरएकपककक अनदरउसकक उकआदकशतदनशसक

19.06.2019

कककमममररककगयकसमसतदकयकककशतनयमततभमगतशनकरशकर

अधरहसतशकरहकरअवगतकरशनशसमतनशशचतकरम।

2.

जजलशतवकशसअजधकशरह,

बदशयसपकरआदकतशततकयशजशतशहशतकवहभतवषय

मकयहसमतनशशचतकरशएसतकलशमबतअनमशशसतनककशररवशईयशसशशसनदशरश समय-

समयपरतनगरतसमससगतशशसनशदकशकममतनतहतपशतवधशनकककअनमरप

ससमयतनसतशररतकरशयहजशएसतशतकतकसहसरकशरहसकवककरआजथरकएवस

मशनजसककततनपहहपचकवउसकअनशवशयकरपसकमशननहयनयशयशलयककशरण

ममनजशनशपडक।

उकआदकशततकशलपभशवहहकगक।

¶5From the perusal of the aforesaid quoted operative portion of the orders of punishment dated 19.06.2019 and that of the appellate authority dated 03.03.2023 it clearly transpires that the punishment order dated 19.06.2019 was set aside by the appellate authority and thus, petitioner became entitled to all the consequential benefits since the year 2011 when he was placed under suspension and so also the restoration of his seniority and also promotional benefits at par with those juniors who have stood promoted in the meantime.

¶6In view of the above, petitioner wants that his representations dated 29.04.2023 and 15.07.2023 in which petitioner has prayed for several benefits of pay scale, fixation etc. and also promotional benefits, may be directed to be disposed of in accordance with law.

¶7Learned Standing Counsel does not have any objection to the above request to the count that it may be directed to be disposed of strictly in accordance with law.

¶8In view of the above, both the petitions stand disposed of with direction that the petitioner's pending representations dated

29.04.2023 and 15.07.2023 shall be disposed of as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order giving opportunity of hearing to him and considering the fact that the appellate authority has already set aside the order of punishment dated 19.06.2019. The decision to be taken shall be well informed one. Order Date :- 30.10.2023 IrfanUddin High Court of Judicature at Allahabad