High Courts(1994) 01 AHC CK 0069

Ram Pal vs State of U.P.and others

Allahabad High Court · Decided on 29 January 1994

HON’BLE JUDGES
I.S.Mathur, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 482 (S/S) of 1994

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Judgment

6 paragraphs · 176 words

I.S. Mathur, J.—This writ petition is directed against the order dated 23111993 (Annexure1 to the writ petition).

2.

Learned Standing Counsel has accepted notice on behalf of opposite parties.

3.

Since the facts are not disputed, learned counsel for the parties agree that this petition may be finally disposed of at this stage.

4.

Learned counsel for the petitioner has submitted that by the impugned order, the petitioner has been suspended on the allegation that he was absent on 22111993 and at the same time, punishment of withholding one day''s pay and treating that day to be absence from duty has also been passed. The order is patently illegal and an employee cannot be punished and at the same time suspended on the same charge. The order has to be quashed.

5.

The impugned order dated 23111993 (Annexure No. 1 to the petition) is quashed. It will, however, be open to the competent authority to pass a fresh order if it considers necessary in accordance with law.

6.

There shall be no order as to costs.