In view of the above, the action of the High Court in recommending
withholding of 50% pension of the petitioner and in exonerating all the
other five officers is nothing but discrimination between equals who fall
under the same class, for no recorded reasons and as such the punishment
imposed upon the petitioner by the Hon'ble Governor is not tenable in law.
This apart, as already discussed, the aforesaid punishment was
inflicted upon the petitioner finding him guilty of misconduct in conducting
the recruitment of class-III and class-IV employees. Thus, the punishment
was on the cumulative effect of the misconduct in respect of both the
recruitments and if one of them is deleted, it would certainly not have the
same impact so as to impose a punishment which had been inflicted upon
the petitioner. In respect of the recruitment of class-IV employees, the
inquiry has been held to be without jurisdiction as it was barred by time and
was without the proper sanction of the Hon'ble Governor. Accordingly, the
gravity of the misconduct stands reduced and in that respect of the matter,
the punishment ex-facie turns out to be excessive and disproportionate to
the charge proved.
In the overall facts and circumstances of the case, our considered
conclusion is that the order of punishment dated 07.11.2012 withholding
50% of the pension of the petitioner is unsustainable and deserves to be
quashed.
It is accordingly quashed and the writ of certiorari to that effect is
directed to be issued.
ALLAHABAD HIGH COURT
Delivered on 22.05.2019
Case :- WRIT - A No. - 19813 of 2013
Petitioner :- Shyam Babu Vaish
Respondent :- State Of U.P.And Anr.
Coram:
Hon'ble Pankaj Mithal,J.
Hon'ble Prakash Padia,J.
Print Page
withholding of 50% pension of the petitioner and in exonerating all the
other five officers is nothing but discrimination between equals who fall
under the same class, for no recorded reasons and as such the punishment
imposed upon the petitioner by the Hon'ble Governor is not tenable in law.
This apart, as already discussed, the aforesaid punishment was
inflicted upon the petitioner finding him guilty of misconduct in conducting
the recruitment of class-III and class-IV employees. Thus, the punishment
was on the cumulative effect of the misconduct in respect of both the
recruitments and if one of them is deleted, it would certainly not have the
same impact so as to impose a punishment which had been inflicted upon
the petitioner. In respect of the recruitment of class-IV employees, the
inquiry has been held to be without jurisdiction as it was barred by time and
was without the proper sanction of the Hon'ble Governor. Accordingly, the
gravity of the misconduct stands reduced and in that respect of the matter,
the punishment ex-facie turns out to be excessive and disproportionate to
the charge proved.
In the overall facts and circumstances of the case, our considered
conclusion is that the order of punishment dated 07.11.2012 withholding
50% of the pension of the petitioner is unsustainable and deserves to be
quashed.
It is accordingly quashed and the writ of certiorari to that effect is
directed to be issued.
ALLAHABAD HIGH COURT
Delivered on 22.05.2019
Case :- WRIT - A No. - 19813 of 2013
Petitioner :- Shyam Babu Vaish
Respondent :- State Of U.P.And Anr.
Coram:
Hon'ble Pankaj Mithal,J.
Hon'ble Prakash Padia,J.
