CHHAVI LAL v. STATE PUBLIC SERVICE TRIBUNAL LKO. THRU. ITS PRESIDING OFFICER AND 3 OTHERS
WRIA/1711/2025 · 2025-02-11
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122299 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8719-DB Court No. - 1 Case :- WRIT - A No. - 1711 of 2025 Petitioner :- Chhavi Lal Respondent :- State Public Service Tribunal Lko. Thru. Its Presiding Officer And 3 Others Counsel for Petitioner :- Rama Kant Dixit,Ram Vishal Tripathi Counsel for Respondent :- Manish Mishra,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner and Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State.
2. By means of this writ petition, the petitioner has assailed the order dated 13.12.2024 passed by the Tribunal in Claim Petition No.1886 of 2017, whereby, the proceedings arising out of the punishment order passed against the petitioner on conclusion of disciplinary proceedings have been put in abeyance.
3. It is an admitted position that the order of punishment challenged before the Tribunal in the aforementioned claim petition was based on the independent disciplinary proceedings carried out by the department. The cause being independent has given rise to the claim petition before the Tribunal under Section 4 of the U.P.Public Services Tribunal Act,1976.
4. Once the two proceedings viz departmental and criminal are independent of each other as is well settled, the Tribunal could not put the proceeding of claim petition in abeyance due to pendency of criminal trial arising out of the same incident.
5. Learned counsel for the State has submitted that even the written statement in the case has already come to be filed by the State.
6. That being so, there was absolutely no occasion for the tribunal to have passed such an order.
7. Without commenting much on the legality of
the order passed by the Tribunal, we hereby direct the Tribunal to proceed with the matter and conclude the proceeding expeditiously in accordance with law.
8. The writ petition is allowed and the impugned
order dated 13.12.2024 is hereby set aside. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)
Order Date :- 11.2.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench