ASHOK KUMAR NIGAM Vs. STATE OF UTTAR PRADES & ANR.
LAWS(SC)-2016-4-88
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 13,2016

ASHOK KUMAR NIGAM Appellant
VERSUS
State Of Uttar Prades And Anr. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appellant was serving as an Additional District and Sessions Judge in the Uttar Pradesh Higher Judicial Service. He was charged with misconduct, found guilty and awarded a punishment of stoppage of two increments with cumulative effect. Aggrieved, he preferred a writ petition before the High Court in which he assailed not only the finding of the guilt but even the punishment awarded to him. A Division Bench of the High Court, while upholding the finding of guilt, took the view that instead of stoppage of two increments, the appellant should have been punished more severely by directing his removal from service. The High Court accordingly directed issue of a notice to the appellant to show cause why he should not be removed from service. It is that part of the order which has been assailed by the appellant in the present appeal.
(3.) Appearing for the appellant, Mr. D.K. Singh, strenuously argued that the High Court had misdirected itself in issuing a notice of enhancement of the punishment awarded to the appellant. He submitted that by doing so, the High Court had placed the appellant in a worse-off position, simply because he had challenged the punishment awarded to him. That was, according to Mr. Singh, legally impermissible. In support of his submissions, Mr. Singh placed reliance upon two decisions of this Court in Pradeep Kumar v. Union of India and Others, 2005 12 SCC 219 and Ramesh Chander Singh v. High Court of Allahabad and Another, 2007 4 SCC 247.;


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