NAGAR PALIKA PARISHAD Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has challenged the validity and legality of the award directing reinstatement of the workman with continuity of service and has awarded a sum of Rs.25,000/- as compensation instead of back wages.

(2.) The facts leading to the filing of the present writ petition is, that the workman was appointed as a Peon on daily wage basis on 2nd January, 1989 and continued to work in that capacity till 4th July, 1998 when his services was terminated on the ground that he was caught taking a bribe of Rs.50/- for obtaining a photocopy of a document of the Nagar Palika and, leaking an official document of the Nagar Palika.

(3.) It transpires that upon a complaint being received, a trap was laid. The Executive Officer signed a Rs.50/- note and through another person asked the workman to obtain a photocopy of a certain document, which he did upon accepting the money. The workman was caught red handed and the signed Rs.50/- note of the Executive Officer was recovered. The Disciplinary Authority, after considering the gravity of the charge did not hold any inquiry and accepting the confession of the workman terminated his services on the ground that he was a daily wager and that he was leaking out official documents of the Nagar Palika.