- (1.) Heard Sri. Shailendra Singh Chauhan, learned Additional Chief Standing Counsel for the State-petitioner and Sri. Neelkamal Mishra & Sri. Upendra Nath Mishra, learned counsels representing respondent No. 1.
(2.) The present writ petition has been filed by the State of Uttar Pradesh assailing the correctness of the judgment and order dated 08.06.2016 passed by the U.P. State Public Services Tribunal (in short referred to as the Tribunal) in Review Petition No. 167 of 2015 arising out of Claim Petition No. 267 of 2015 whereby the earlier judgment and order dated 26th August, 2015 passed by the Tribunal whereby the claim petition was dismissed has been set aside and the claim petition has been allowed quashing the punishment order dated 20.01.2015 passed by the Disciplinary Authority imposing major penalty of stoppage of two annual increments permanently and a censure entry along with recovery of Rs.12,76,163.24.
(3.) From perusal of the record, we find that respondent No. 1 was posted as Assistant Engineer in Pradhan Mantri Gramin Sadak Yojana, Construction Division-4, Lok Nirman Vibhag, Sultanpur (now Amethi) w.e.f. 01.08.2002 till 29.08.2012. The respondent was placed under suspension on 10.04.2013 on charges of financial irregularities causing financial loss to the State. Disciplinary proceedings were initiated and the Inquiry Officer submitted his report dated 17th October, 2013 holding that charge Nos. 1, 2 and 3 were found proved against the respondent No. 1. The Disciplinary Authority after issuing showcause notice and providing a copy of the enquiry report awarded the punishment by order dated 20.01.2015 as stated above.;