STATE OF U.P Vs. OM PRAKASH SONI

JUDGEMENT

(1.) By this appeal, a challenge is made to the judgment dtd. 27/9/2019 whereby writ petition preferred by non-appellant/petitioner was allowed. The writ petition was filed to challenge the order of punishment of dismissal from service.

(2.) The brief facts of the case show that while the non-appellant/petitioner was working on the post of Collection Amin in Tehsil Nawabganj, Gonda, was sentenced to seven years imprisonment for the offence under Ss. 376, 511 Indian Penal Code. The order of dismissal from service was passed considering the conduct of the petitioner led to his conviction. It was by invoking Rule 7 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 and the Government Order dtd. 6/9/2000.

(3.) The order of dismissal from service was challenged by the non- appellant/petitioner by maintaining a writ petition. The order of dismissal from service has been set aside by learned Single Judge finding that no disciplinary proceeding was taken before passing the order of punishment. It was by relying the judgment of the Apex Court in the case of K. Venkateshwarlu vs. State of Andhra Pradesh, (2012) 8 SCC 73.