- (1.) State of U.P. through Principal Secretary, Revenue Department, Government of U.P., Lucknow and two others are before this Court assailing the validity of the order dated 27.3.2015 in Claim Petition No.346 of 2013 passed by the State Public Services Tribunal (in short "the Tribunal"), whereby the claim petition had been allowed by quashing the punishment order dated 1.1.2013 and it was directed that the claimant (respondent no.1 herein) would be entitled for all consequential benefits of service.
(2.) Brief facts giving rise to the present writ petition are that the respondent no.1 namely Karan Singh in the year 2008 while posted as Revenue Inspector, Meerapur, Tehsil Jansath has proceeded to enter the names of some persons in the revenue record on the basis of gift deed. An enquiry has been initiated against the petitioner on the ground that the petitioner has made the aforesaid entries to provide undue advantage to the persons concerned while the said jurisdiction is vested with the Tehsildar concerned. Pending enquiry he was suspended vide order dated 11.2.2008. After due enquiry in the matter, the respondent no.1 was awarded punishment vide order dated 22.3.2010 by the punishing authority by which he was reinstated in service in lower/ basic pay scale. Against the said order, the petitioner had filed an appeal before the Divisional Commissioner, which was dismissed by order dated 30.12.2010. Both the orders were assailed by respondent no.1 by means of Claim Petition No.329 of 2011, which was allowed by the Tribunal on 18.6.2012 by quashing the punishment as well as appellate order and remitting the matter back to the punishing authority to enquire the matter afresh by issuing a charge sheet to the respondent no.1-Karan Singh. However, in the meantime, the respondent no.1 had retired on 31.12.2010 after attaining the age of superannuation.
(3.) In compliance of the order by the Tribunal dated 18.6.2012 the punishing authority instituted a fresh enquiry against the respondent no.1 in which he was issued a detailed charge sheet and supplementary charge sheet to which he has submitted his reply on 20.12.2012. It is submitted that thereafter, the punishing authority after adopting due procedure of law as well as providing opportunity of hearing has passed the order dated 1.1.2013 by which the respondent no.1 was awarded the punishment by reverting him on lower/ basic pay scale. Against the said order, the respondent no.1 had filed Claim Petition No.346 of 2013, which was allowed by the Tribunal on 27.03.2015 by quashing the punishment order dated 1.1.2013 and by providing all consequential service benefits to respondent no.1. The said order of the Tribunal is under challenge in this writ petition.;