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2025 DAILYLAW 46282 (ALL)

STATE OF UP AND ANOTHER v. LAL CHANDRA

WRIA/5212/2025 · 2025-04-22

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61888-DB Court No. - 29 Case :- WRIT - A No. - 5212 of 2025 Petitioner :- State Of Up And Another Respondent :- Lal Chandra Counsel for Petitioner :- Alok Kumar Tripathi,Ratan Deep Mishra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. The petition is filed by the State challenging the order dated 13.09.2024 passed by State Public Services Tribunal, Indira Bhawan, Lucknow, in Claim Petition No. 1089 of 2016. The claimant before the Tribunal was aggrieved by an order of adverse entry passed against him on the culmination of disciplinary proceedings. The Tribunal has observed in paragraph no. 9 that on the complaint made against the employee concerned his explanation was called which was not found satisfactory. No reasons are specified by the disciplinary authority to hold that explanation of employee is not satisfactory. The Tribunal has held that mere observation that explanation of the charged employee is not found sufficient cannot be construed as an order passed after due application of mind. It is otherwise not a reasoned order. We find substance in the view taken by the Tribunal inasmuch as the law is well settled that reasons have to be recorded in the punishment order for not accepting the explanation of charged officer. In the absence of any reason assigned in the order the order itself becomes life-less. The complaint against the respondent otherwise was in respect of his first posting as commercial tax officer. The Tribunal has also observed that even the appellate authority has not accorded consideration to the explanation submitted by the charged officer. Except for the complaint even otherwise there was no other material to implicate the respondent. In such circumstances, we find that the Tribunal has not erred in allowing the claim petition. The writ petition is bereft of merit and is accordingly dismissed. Order Date :- 23.4.2025/K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad