- (1.) Heard Shri Sanjay Bhasin, Additional Chief Standing Counsel for the petitioner as well as Shri S.K. Pathak, learned counsel for the first respondent.
(2.) The petition has assailed the judgment and order dated 16.08.2016 passed by the U.P.Public Services Tribunal in claim petition no. 1346/2016. By means of order impugned the learned Tribunal has setaside the order dated 02.07.2016 passed by the Senior Superintendent of Police, Lucknow whereby the petitioner was awarded the punishment of adverse entry in his character role. Mr. Bhasin, Additional Chief Standing Counsel for the petitioner has submitted that he had raised objection with regard to maintainability of the claim petition before the U.P. Public Services Tribunal Act, 1976 as the first respondent being aggrieved with the order of punishment had filed an appeal on 04.07.2016 but without waiting the result of appeal he instituted the claim petition on 11.07.2016. The learned Tribunal decided the case on 16.09.2016. It has been urged that the petitioners had taken a categorical plea before the Tribunal that the first respondent had not exhausted the departmental remedy available to him, therefore, the claim petition was not maintainable as has been provided under Section - 4 sub clause 5 & 6 of the U.P.Public Services Tribunal Act, 1976.
(3.) He further submitted that the learned Tribunal has observed that through the audio CDs in which the voice of the first respondent as well as SI Shyam Babu Shukla was recorded was found that the first respondent had used the abusive language for Mr. Navneet Shikere the then Inspector General of Police, however, the order of punishment has been set aside on the ground that the CD in which the voice of first respondent was recorded was not sent for technical examination.;