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2025 DAILYLAW 43348 (ALL)

BHOPAL SINGH v. STATE OF U.P. AND 2 ORS.

WRIA/19571/2015 · 2025-03-03

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30841 Court No. - 5 Case :- WRIT - A No. - 19571 of 2015 Petitioner :- Bhopal Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Madan Lal Rai,Satyendra Kumar Singh Counsel for Respondent :- C.S.C.,Ramanuj Pandey,Sunil Kumar Mishra Hon'ble Ajay Bhanot,J. Heard Shri Satyendra Kumar Singh, learned counsel for the petitioner and Shri Ramanuj Pandey for the respondent. The service of petitioner was terminated by order dated 17.12.2009. The order of termination was carried in appeal by the petitioner. By impugned order dated 21.08.2014 the appellate authority set aside the order of termination and has instead imposed the punishment of withholding two increments. The appellate authority while imposing aforesaid punishment has found that there was no evidence against the petitioner to support the charges against him. The report of the chawkidar was disbelieved by the appellate authority. After recording such finding on merits of the case there was no good cause or material in the record to justify imposition of the aforesaid punishment. The impugned order is vitiated and suffers from non application of mind in so far as it imposes the punishment of withholding two increments. The impugned order dated 21.08.2014 to the extent imposes the aforesaid punishment of withholding two increments is liable to be set aside and is accordingly is set aside. The petitioner shall be entitled to full salary and other benefits including pension which shall be calculated accordingly. The exercise shall be completed within the period of three months from the receipt of a certified copy of this order. The writ petition is allowed. Order Date :- 4.3.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad