R.A. Misra, J. - (1.) HEARD the Learned Counsel for the parties,
(2.) THIS revision arises out of the order dated 6 -8 -1983, passed by Sri R. C. Agarwal, District Judge, Bijnor, allowing the objections raised on behalf of the State that the execution moved in the court of District Judge on the basis of a certificate issued by the U.P. Public Services (Tribunal) under Section 5(7) of the U.P. Public Services (Tribunal) Act, 1976 (hereinafter referred to as the Act) is not maintainable. The facts which have given rise to this revision are briefly put as below: The revisionist is an employee of the State Police Department. He made a reference to the Public Service Tribunal as he was aggrieved against the order of suspension passed by the Superintendent of Police concerned. The reference was allowed and the Tribunal was pleased to modify the order of suspension by deleting the following portion of the order: The period of suspension will not count towards leave, promotion and pension, for the period of suspension will not draw any more allowance than that he was drawing as subsistence allowance. The Tribunal further directed the Superintendent of Police, Pilibhit to pass a fresh order regarding balance of salary and allowances for the suspension period after giving notice according to Rule under FR 54 -B which should be done within two months of the receipt of the judgment, failing which it was directed that the Petitioner shall be entitled to full salary and allowances for the suspension period.
(3.) THE Learned Counsel for the revisionist has fairly conceded that the order passed by the Tribunal was in the nature of the declaration under Section 5(6) of the Act. It so appears that the directions of the Tribunal were not complied with by the Superintendent of police, Pilibhit and so the revisionist applied for the certificate under Section 5(7) of the Act and moved the District Judge for execution of the certificate as a decree. Objections were filed on behalf of the State. The District Judge has been pleased to allow it and hence this revision.;