STATE OF U.P. and OTHERS v. AMAR NATH AGARWAL and ANOTHER
WRIA/2156/1996 · 2025-09-03
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130641 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 2156 of 1996 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard.
2. This petition has been filed by the State challenging the judgment and order dated 17.02.1995 passed by the U.P. Public Services Tribunal in Claim Petition No. 426/F/IV/1987 filed by the respondent - Amar Nath Agarwal. The respondent was 60 years of age in 1996. He must be now 89 years of age. The Tribunal has allowed the claim petition directed against the order of minor punishment.
3. We have perused the judgment and find that adverse entry was awarded as a punishment, though it was not prescribed as a punishment in the Civil Services (Classification, Control & Appeal) Rules, 1930. Moreover, principles of natural justice were not complied. A full fledged inquiry was instituted, therefore, the procedure prescribed for such full fledged inquiry for imposition of major punishment had to be followed, merely because ultimately, a minor punishment was awarded, would not justify any other procedure being followed. The law is settled in this regard. The punishment order was also a non-speaking order.
4. For all the reasons given by the Tribunal, we see absolutely no merit in this writ petition. There was no stay order in this case, therefore, in all probability, the judgment must have been complied by now, if not, it shall now be complied positively within two months. Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) : C.S.C. State Of U.P. And Others .....Petitioner(s) Amar Nath Agarwal And Another .....Respondent(s)
5. The writ petition is dismissed in the aforesaid terms. September 3, 2025 Lokesh Kumar WRIA No. 2156 of 1996 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench