Pradeep Kant, J. - (1.) HEARD learned counsel for the appellants Sri O.P. Srivastava and Sri A.N. Srivastava for the respondents. This special appeal against the order passed by the learned Single Judge dated 11.11.09 has been filed with delay of more than one year. Since the counsel for the respondents has no objection, we condone the delay.
(2.) THIS special appeal challenges the order passed by the learned Single Judge, allowing the writ petition and setting aside the order of punishment of dismissal from service, with consequential benefits. The respondents' father, who was a regular employee, while working as Sweeper at Nagar Panchayat, Bhinga, Shravasti was dismissed from service on certain charges. The learned Single Judge found that the enquiry was not conducted at all and merely on the basis of the reply submitted, punishment of dismissal from service was awarded. He held that the punishment order was passed without holding any enquiry in accordance with law. The learned Single Judge also found that the punishment of dismissal from service was highly disproportionate and excessive to the charge leveled.
(3.) WITH the aforesaid finding, the writ petition was allowed, but finding that the respondents' father had already expired, the learned Single Judge provided that the consequential benefits be provided to his heirs with no further enquiry.;