STATE OF U P Vs. SHEO SHANKER LAL SRIVASTAVA
LAWS(SC)-2006-2-53
SUPREME COURT OF INDIA
Decided on February 24,2006

STATE OF UTTAR PRADESH Appellant
VERSUS
SHEO SHANKER LAL SRIVASTAVA Respondents


Referred Judgements :-

M.P. SPECIAL POLICE ESTABLISHMENT V. STATE OF M.P. AND OTHERS [REFERRED TO]
MANAK LAL ADVOCATE VS. PREM CHAND SINGHVI [REFERRED TO]
V RAMANA VS. APSRTC [REFERRED TO]
HOMBE GOWDA EDN TRUST VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF RAJASTHAN VS. MOHAMMED AYUB NAZ [REFERRED TO]



Cited Judgements :-

KAUSHAR ALI VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-11-319] [REFERRED TO]
MAN MOHAN SINGH JAGGI VS. FOOD CORPORATION OF INDIA [LAWS(ALL)-2011-7-134] [REFERRED TO]
VENKTESH SHIVA PERMAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-72] [REFERRED TO]
K NATRAJAN VS. STATION COMMANDER AIR FORCE STATION [LAWS(APH)-2007-4-15] [REFERRED TO]
G V TRIVENI PRASAD VS. SYNDICATE BANK [LAWS(APH)-2006-11-6] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. MEGHAL R THAKKAR , PROPRIETOR OF SHREE VASUDEV TRANSPORT AND ORS [LAWS(GJH)-2014-3-190] [REFERRED TO]
RAMADHIN RAM VS. THE CHAIRMAN MANAGING DIRECTOR HEAD OFFICE BANK OF INDIA [LAWS(ALL)-2016-2-36] [REFERRED TO]
ALI AHMAD SAMDANI VS. STATE OF U P THROUGH SECY [LAWS(ALL)-2017-12-193] [REFERRED TO]
RAJ KAPOOR VS. ALLAHABAD BANK KOLKATA THROU ITS CHAIRMAN AND M.D. [LAWS(ALL)-2017-9-30] [REFERRED TO]
N.K.MEHROTRA VS. CHIEF JUDICIAL MAGISTRATE [LAWS(ALL)-2019-11-154] [REFERRED TO]
AMAR PRAKASH GARG VS. CHANCELLOR, CHAUDHARY CHARAN SINGH UNIVERSITY MEERUT AND ORS. [LAWS(ALL)-2015-5-453] [REFERRED TO]
ARCHANA SHARMA VS. UNIVERSITY GRANTS COMMISSION [LAWS(GAU)-2019-4-87] [REFERRED TO]
PEMA KHANDU VS. THE SPEAKER, ARUNACHAL PRADESH LEGISLATIVE ASSEMBLY [LAWS(GAU)-2016-3-26] [REFERRED TO]
BISHAN SINGH VS. UNION OF INDIA [LAWS(HPH)-2007-3-34] [REFERRED TO]
B. VENKATESWARLU VS. GOVERNMENT OF A.P. [LAWS(APH)-2014-3-3] [REFERRED TO]
SUNIL KUMAR SAXENA VS. EXPORT INSPECTION COUNCIL & ORS [LAWS(DLH)-2019-4-103] [REFERRED TO]
D. RAMESHAN AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2019-10-363] [REFERRED TO]
RAM KARAN DWIVEDI VS. STATE OF M. P. [LAWS(MPH)-2021-2-21] [REFERRED TO]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
RAM SINGH VS. UNION OF INDIA [LAWS(HPH)-2007-3-66] [REFERRED TO]
HARJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2007-2-59] [REFERRED TO]
MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT NOARD VS. B.S.S.PARIHAR [LAWS(SC)-2015-7-113] [REFERRED TO]
ABID AKHTAR VS. JAMIA MILLIA ISLAMIA AND ORS. [LAWS(DLH)-2013-11-364] [REFERRED TO]
R N MISHRA RETD JUSTICE VS. STATE OF U P [LAWS(ALL)-2011-1-41] [REFERRED TO]
HYUNDAI ROTEM COMPANY VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2018-1-240] [REFERRED TO]
URMILA VERMA VS. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT KANPUR ANDOTHERS [LAWS(ALL)-2008-3-15] [REFERRED TO]
BINOD KARMAKAR,SON OF BIKASH KARMAKAR VS. STATE OF ASSAM [LAWS(GAU)-2021-2-14] [REFERRED TO]
DHARAMRAJ KUMAR SINGH VS. UNION OF INDIA [LAWS(GAU)-2007-5-33] [REFERRED TO]
BHAG CHAND VS. HIMACHAL GRAMIN BANK [LAWS(HPH)-2007-8-110] [REFERRED TO]
K NAGARAJAN VS. CENTRAL PROVIDENT FUND COMMISSIONER AND OTHERS [LAWS(MAD)-2015-10-363] [REFERRED]
A SUDHAKAR VS. POST MASTER GENERAL HYDRABAD [LAWS(SC)-2006-3-88] [REFERRED TO]
INDIAN AIRLINES LTD VS. PRABHA D KANAN [LAWS(SC)-2006-11-36] [REFERRED TO]
ABDUL KHALIQUE VS. UNION OF INDIA [LAWS(JHAR)-2008-9-36] [REFERRED TO]
AKADEMI VS. GNCTD [LAWS(DLH)-2021-10-122] [REFERRED TO]
R KRISHNOJI RAO VS. CHIEF TRAFFIC MANAGER [LAWS(KAR)-2011-11-36] [REFERRED TO]
J. VENKATAMANI VS. PRINCIPAL SECRETARY - VIGILANCE-IV [LAWS(APH)-2022-4-47] [REFERRED TO]
PEMA KHANDU AND ORS. VS. THE SPEAKER AND ORS. [LAWS(GAU)-2016-4-23] [REFERRED TO]
RAM SINGH VS. UNION OF INDIA [LAWS(HPH)-2007-3-37] [REFERRED TO]
DIVISIONAL SECURITY COMMISSIONER RPF SOUTH CENTRAL RAILWAY SECUNDERABAD VS. B SHIV SHANKAR [LAWS(APH)-2007-10-10] [REFERRED TO]
CEMWNT CORPORATION OF INDIA LTD VS. M L AGGARWAL [LAWS(DLH)-2008-4-92] [REFERRED TO]
KISHORE VS. BANK OF MAHARASHTRA [LAWS(BOM)-2009-10-130] [REFERRED TO]
RAM BABU DWIVEDI VS. STATE OF UP [LAWS(ALL)-2009-3-41] [REFERRED TO]
JITENDRA B MEHTA VS. MANAGER [LAWS(GJH)-2006-7-31] [REFERRED TO]
S.KARTHIKEYAN VS. DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2019-9-229] [REFERRED TO]
BHAWANI SHANKAR SHARMA VS. THE REGIONAL RESEARCH INSTITUTE AND ANR. [LAWS(RAJ)-2011-8-171] [REFERRED]
STATE OF M P VS. HAZARILAL [LAWS(SC)-2008-2-61] [REFERRED TO]
BALWANT SINGH BHANDAIR VS. REGISTRAR [LAWS(P&H)-2010-4-540] [REFERRED]
G KATHIRVEL VS. SUPERINTENDENT OF POLICE [LAWS(MAD)-2008-12-41] [REFERRED TO]
SAUDAGAR SINGH VS. PRESIDING OFFICER, LABOUR COURT AND ORS. [LAWS(P&H)-2006-11-150] [REFERRED]
A THANGAVELU VS. PRESIDING OFFICER [LAWS(MAD)-2018-1-323] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF HARYANA [LAWS(SC)-2007-12-118] [REFERRED TO]
ANAND REGIONAL CO-OP OIL SEEDSGROWERS UNION LTD VS. SHAILESHKUMAR HARSHADBHAI SHAH [LAWS(SC)-2006-8-8] [REFERRED TO]
COMMITTEE OF MANAGEMENT S.G.M.INTER COLLEGE KHAIRGHARH DISTRICT FIROZABAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2013-9-135] [REFERRED TO]
A. MUTHYALA AND ORS. VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2018-2-56] [REFERRED TO]
N K TRIPATHI VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2006-9-112] [REFERRED TO]
JITENDER SINGH AULAKH VS. ARUN KUMAR MITTAL [LAWS(DLH)-2009-3-157] [REFERRED TO]
P.C. GEORGE MLA VS. STATE OF KERALA [LAWS(KER)-2020-11-8] [REFERRED TO]
KHADEEJA NARGEES VS. STATE OF KERALA [LAWS(KER)-2020-8-593] [REFERRED TO]
BANWARI LAL VS. COMMANDANT 104 BN R A F /C R P F & OTHERS [LAWS(ALL)-2019-3-163] [REFERRED TO]
PROF AMAR PRAKASH GARG VS. CHANCELLOR, CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT [LAWS(ALL)-2015-5-257] [REFERRED TO]
GENERAL MANAGER, EAST COAST RAILWAY VS. HEMANTA KUMAR TRIPATHY [LAWS(ORI)-2023-3-15] [REFERRED TO]
ABDUL RAJJAK VS. STATE OF M P [LAWS(MPH)-2007-3-60] [REFERRED TO]
AVINASH EM PROJECTS PRIVATE LIMITED VS. GAIL (INDIA) LIMITED [LAWS(DLH)-2015-2-68] [REFERRED TO]
SHAMSHER SINGH VS. UNION OF INDIA [LAWS(HPH)-2007-3-38] [REFERRED TO]
LOGANATHAN VS. DIRECTOR GENERAL RAILWAY PROTECTION FORCE NEW DELHI [LAWS(MAD)-2008-11-158] [REFERRED TO 7.]
P KARUPPUSAMY VS. CHAIRMAN TAMIL NADU TOURISM DEVELOPMENT CORPORATION LTD [LAWS(MAD)-2007-1-243] [REFERRED TO]
SURESH RAMCHANDRA PALANDE AND ORS. VS. THE GOVERNMENT OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-12-52] [REFERRED TO]
AWADHESH KUMAR GUPTA VS. BOARD OF DIRECTORS ALLAHABAD U.P. GRAMIN BANK AND OTHERS [LAWS(ALL)-2012-5-358] [REFERRED TO]
SUDHIR YASHWANT RANE VS. UNION OF INDIA [LAWS(CA)-2014-6-2] [REFERRED TO]
MOHD AKARAM VS. UNION OF INDIA & OTHERS [LAWS(ALL)-2018-9-165] [REFERRED TO]
DR. MAHENDRA NATH DUBEY VS. HIS EXCELLENCY THE CHANCELLOR OF DR. B.R.A. UNIVERSITY AND ORS. [LAWS(ALL)-2017-9-185] [REFERRED TO]
RAM SINGH GAMAD VS. STATE OF M.P. [LAWS(MPH)-2022-9-157] [REFERRED TO]
SHAILENDRA RAJPUT VS. STATE OF M.P. [LAWS(MPH)-2023-2-117] [REFERRED TO]
COASTAL MARINE CONSTRUCTION AND ENGINEERING LIMITED & ANR VS. INDIAN OIL CORPORATION LTD & ORS [LAWS(DLH)-2019-1-157] [REFERRED TO]
NORTH EASTERN KARNATAKA R T CORPN VS. ASHAPPA [LAWS(SC)-2006-5-24] [REFERRED TO]
STATE OF RAJASTHAN VS. HEEM SINGH [LAWS(SC)-2020-10-40] [REFERRED TO]
CHAIRMAN ALL INDIA RAILWAY REC BOARD VS. K SHYAM KUMAR [LAWS(SC)-2010-5-78] [REFERRED TO]
RAM GULAM VS. HARYANA DAIRY DEVPT CO OP FEDERATION LTD [LAWS(P&H)-2007-7-19] [REFERRED TO]
STATE BANK OF INDIA VS. P.N.SALUJA [LAWS(DLH)-2013-11-197] [REFERRED TO]
S.V.S. RAGHUVANSHI VS. NATIONAL SEEDS CORPORATION LTD. & ANR. [LAWS(DLH)-2013-8-414] [REFERRED TO]
A.Z. KHAN VS. UNION OF INDIA [LAWS(CA)-2013-6-7] [REFERRED TO]
KSHETRA PAL SINGH VS. NCT OF DELHI & ORS. [LAWS(DLH)-2013-1-407] [REFERRED TO]
H S SHUKLA VS. STATE OF U P [LAWS(ALL)-2015-7-382] [REFERRED]
BALAJI DIGAMBARRAO KOTGIRE VS. ENQUIRY AUTHORITY CHIEF MANAGER [LAWS(BOM)-2011-9-18] [REFERRED TO]
ASHOK KUMAR PRASAD VS. UOI [LAWS(DLH)-2008-5-17] [REFERRED TO]
M. DEENAVIOLET VS. SAMAGRA SHIKSHA ABHIYAN [LAWS(APH)-2022-4-79] [REFERRED TO]
RAJBHADUR KHARE VS. MADHYA PRADESH GRAMIN BANK PRADHAN KARYALAYA [LAWS(MPH)-2012-9-268] [REFERRED TO]
SHAFALI R CHOPRA VS. IFCI INFRASTRUCTURE DEVELOPMENT LIMITED (IIDL) & ORS [LAWS(DLH)-2019-3-97] [REFERRED TO]
SUBHASH SEHGAL VS. UNION OF INDIA [LAWS(CAL)-2007-3-55] [REFERRED TO]
S. ELHANCE VS. STATE BANK OF INDIA [LAWS(DLH)-2012-12-42] [REFERRED TO]
VIJAY VS. GODAVARI GARMENTS LTD [LAWS(BOM)-2010-7-223] [REFERRED TO]
MUNNA LAL SHARMA VS. STATE OF U P [LAWS(ALL)-2006-8-153] [REFERRED TO]
CARTINI INDIA LIMITED VS. RADHIKA SAWANT [LAWS(BOM)-2020-4-120] [REFERRED TO]
PADI RICHO VS. SPEAKER [LAWS(GAU)-2017-9-122] [REFERRED TO]
UNION OF INDIA VS. B. S. PURUSHOTHAM [LAWS(APH)-2023-12-41] [REFERRED TO]
M C JENA VS. COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT [LAWS(APH)-2007-7-58] [REFERRED TO]
DEEPAK JOSHI VS. ASSTT. GENERAL MANAGER CENTRAL BANK OF INDIA [LAWS(ALL)-2023-7-28] [REFERRED TO]
RAVI SHANKER SHARMA VS. STATE OF U.P. [LAWS(ALL)-2021-9-58] [REFERRED TO]
SUNIL KUMAR SAXENA VS. EXPORT INSPECTION COUNCIL [LAWS(DLH)-2023-8-152] [REFERRED TO]
BSES RAJDHANI POWER LTD VS. UNION OF INDIA [LAWS(DLH)-2011-7-4] [REFERRED TO]
GANGES INTERNATIONAL PRIVATE LTD. VS. ASSISTANT COMMISSIONER OF GST & CENTRAL EXCISE [LAWS(MAD)-2022-2-145] [REFERRED TO]
P. VETRIVEL VS. P. DHANABAL [LAWS(MAD)-2018-6-9] [REFERRED TO]
SURINDER KAUR VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-8-173] [REFERRED TO]
BALINDER SINGH VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-5-63] [REFERRED TO]
S SETHURAMAN VS. R VENKATARAMAN [LAWS(SC)-2007-5-183] [REFERRED TO]
MONI SHANKAR VS. UNION OF INDIA [LAWS(SC)-2008-3-81] [REFERRED TO]
N SUBRAMANIAN VS. DISTRICT ELEMENTARY EDUCATIONAL OFFICER [LAWS(MAD)-2010-6-242] [REFERRED TO]
SOOPPY NARIKKATTERI VS. STATE ELECTION COMMISSION [LAWS(KER)-2020-2-62] [REFERRED TO]
A RAJ KUMAR VS. DIVISIONAL SECURITY COMMISSIONER RPF HUBLI KARNATAKA [LAWS(APH)-2007-7-115] [REFERRED TO]
A SADANAND VS. SYNDICATE BANK [LAWS(APH)-2010-12-112] [REFERRED TO]
M. SAMBA MOORTHY VS. BANK OF BARODA [LAWS(APH)-2017-7-38] [REFERRED TO]
SIDDHARTHA PANDEY VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-112] [REFERRED TO]
HARINDER GAUTAM VS. NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY THROUGH ITS CHAIRMAN [LAWS(CA)-2008-12-14] [REFERRED TO]
S K TYAGI VS. UNION OF INDIA [LAWS(DLH)-2011-7-3] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)These two appeals involving common questions of law and fact and arising out of the same judgment were taken up for hearing together and are being disposed of by this common judgment.
(2.)Sheo Shanker Lal Srivastava, Appellant in Civil Appeal No.7539 of 2003, was appointed as a Stenographer in the Office of the Consolidation Commissioner, U.P. in the year 1963. He was deputed to work with the Lok Ayukta in the year 1978. One Arvind Kumar Singhal, Respondent No.3, was appointed as a Typist in the said office in the year 1980. Since 1988 he has been working as a Public Relations Officer. The post of Personal Assistant, which the Appellant was holding was redesignated as Private Secretary. He was later on given a higher scale of pay of Rs.3,000-4,500/- by way of promotion with effect from 21-07-1995. Owing to certain acts of misconduct, the Appellant had been censured and warned. The Appellant was asked to hand over the key of his almirah but he refused to do so. He also used indecent language. The said almirah was sealed. He was served with an order of suspension. The said seal on the almirah was broken at a later date i.e. 15-01-1988 and it was opened with a duplicate key. A charge-sheet containing six charges was thereafter served upon him.
(3.)The Appellant in response to a show cause notice, filed show cause. Upon receiving his explanation, four out of six charges were dropped. The charges wherefor a departmental proceeding was initiated against him are as under :
"Charge No. 1

On 13-1-98 Deputy Secretary accompanied by Honble Lok Ayukta went on round to your room at 10.30 A.M. and he wanted to see if there was any undisposed of matters and documents lying with you and found that in violation of his orders, you had locked your almirah. On making request, you did not open the almirah yourself and when you were asked to give its key, you got enraged and using a very indecent and vulgar language, you refused to hand over the key and in a fit of anger crying at the pitch of your voice you said that you may be suspended but you will not give the key and you did not give the key. Therefore, you are guilty of committing indiscipline and misconduct.

Charge No. 2

When you did not give the key of your almirah then your almirah was opened on 15-1-1998 by making alternative arrangements. The material which was recovered from your almirah has been mentioned in enclosure-1 and in regard to which your guilt has been shown in the remarks column of enclosure. In this manner you are guilty of neglecting and suppressing work.."



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