Sudhir Agarwal, J. - (1.) AGGRIEVED by order dated 20.07.2010 passed by State Public Service Tribunal, U.P. Lucknow (hereinafter referred to as the "Tribunal") allowing Claim Petition No. 1471 of 2009 filed by R.S. Jatav, Respondent No. 1 in this writ petition, the State of U.P. through Principal Secretary, Tax and Registration, Lucknow, Commissioner of Commercial Tax, U.P., Lucknow and Director, Treasury, Directorate of Pension, Lucknow have filed this writ petition under Article 226 of the Constitution seeking a writ of certiorari for quashing the Tribunal's judgment dated 20.07.2010 in Claim Petition No. 1471 of 2009.
(2.) BY impugned judgment the Tribunal has set aside the punishment order dated 08.06.2009 whereby the Petitioner No. 1 imposed punishment of recovery of Rs. 9,94,717/from pension of Respondent No. 1. It has further directed the Petitioners to refund the amount, if any, to Respondent No. 1. Though twenty two grounds have been taken to assail the order of Tribunal but the same are basically repetitive. In substance the general grounds of attack is that there is manifest error in the judgment; non application of mind; the Tribunal has proceeded in mechanical and technical manner without taking into consideration facts and circumstances of the matter; has quashed the punishment on mere technical grounds; full opportunity was given to Respondent No. 1; and, right to initiate proceedings include right to continue proceedings. In respect to Rule 17 of U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 (hereinafter referred to as the "1995 Rules") it says that provision is not mandatory in view of Article 351A of Civil Service Regulations and the Tribunal has failed to consider this aspect of the matter.
(3.) TO appreciate the real dispute we may refer the admitted facts of the case, in brief, as under.;