- (1.) Heard learned Standing Counsel, for petitioner, Sri Namit Sharma, counsel for respondents and perused the record.
(2.) This writ petition under Article 226 of Constitution of India has been filed by State of U.P. and its authorities assailing judgment and order dated 27.11.2008 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") in Claim Petition no. 516/V/1992 wherein order of punishment of dismissal dated 16.07.1990 has been set aside, Tribunal has also substituted punishment by awarding stoppage of three increments with cumulative effect and denial of back wages.
(3.) Learned Standing Counsel submitted that even if, Tribunal found that punishment imposed by employer was disproportionate to the charge it could not have substituted punishment itself but ought to have directed authority concerned to pass appropriate order imposing punishment.;