Of U.P. & Ors Vs. Raj Kishore Yadav
& Anr  Insc 354 (20 June 2006)
& Altamas Kabir
O R D
E R Heard the learned counsel appearing on behalf of the appellants and the
appeal is directed against the judgment passed by the High Court of Allahabad
in Civil Misc. Writ Petition No.1505/1996 allowing the Writ Petition filed by
the respondent herein. The High Court by the impugned order modified the
punishment by way of stoppage of two increments with cumulative effect and
quashed the order of dismissal from service awarded to the respondent herein.
The High Court also ordered reinstatement with all pecuniary and consequential
have been taken through the charges framed against the respondent herein and
also the Enquiry Report submitted by the Enquiry Officer and the order passed
by the Disciplinary Authority and also the order passed in the Claim Petition.
Five charges were framed against the respondent herein. The charges are very
serious in nature. The charges No.1,2,3 and 5 have been proved beyond any
doubt. Charge No.4 has not been proved.
consideration of the entire materials placed before the authorities, they came
to the conclusion that the order of dismissal would meet the ends of justice.
When a Writ Petition was filed challenging the correctness of the order of
dismissal, the High Court interfered with the order of dismissal on the ground
that the acts complained of were sheer mistakes or errors on the part of the
respondent herein and for that no punishment could be attributed to the
respondent. In our opinion, the order passed by the High Court quashing the
order of dismissal is nothing but the error of judgment. In our opinion, the
High Court was not justified in allowing the Writ Petition and quashing the
order of dismissal and granting continuity of service with all pecuniary and
consequential service benefits. It is a settled law that the High Court has
limited scope of interference in the administrative action of the State in exercise
of extra ordinary jurisdiction under Article 226 of the Constitution of India
and, therefore, the findings recorded by the Enquiry Officer and the consequent
order of punishment of dismissal from service should not be disturbed. As
already noticed, the charges are very serious in nature and the same have been
proved beyond any doubt. We have also carefully gone through the Enquiry Report
and the order of the Disciplinary Authority and of the Tribunal and we are
unable to agree with the reasons given by the High Court in modifying the
punishment imposed by the Disciplinary Authority. In short, the judgment of the
High Court is nothing but perverse. We, therefore, have no other option except
to set aside the order passed by the High Court and restore the order passed by
the Disciplinary Authority ordering dismissal of the respondent herein from
service. It is ordered accordingly. The Civil Appeal stands allowed.