State of U.P. and Others vs Smt. Angoori Devi and Others

Heard learned Counsel for the petitioners, learned Counsel for respondents and perused the record of the case.

Writ Petition under Article 226 of the Constitution of India has been preferred against the impugned judgment and order dated 21.5.2007 passed by State Public Services Tribunal, allowing the claim petition setting aside the order of punishment, passed by the Disciplinary Authority.

The facts of the case are that claimant-respondent No. 1 who was a Constable while posted at Firozabad, absented himself from duty for 18 days, thereafter again on seven days, and then again on 4 days. On account of absence from duty, he was punished with fourteen days drill and also for the absence from duty of 18 days, he was sanctioned leave without payment of salary. However, authorities took a decision to hold an inquiry to initiate disciplinary proceedings against the claimant-respondent for his absence from duty in spite of the fact that leave was sanctioned for a period of 18 days. The petitioner took a plea that because of sudden illness of his wife, he had gone to his house to serve his wife. Wife of the respondent was running under prolong illness for 12 to 14 years. The enquiry officer after conducting an inquiry, had proposed to punish the petitioner for stoppage of two increments for the period of one year and sanction of leave without pay for the period during which the claimant-respondent was absent from duty. However, the disciplinary authority had dissented with the inquiry officer and recorded a finding that he is not in agreement with the finding of the inquiry officer with regard to the punishment proposed by the Inquiry Officer and issued a notice to the claimant-respondent. While submitting the reply, claimant-respondent stated that before Inquiry Officer, he had not led evidence to defend his cause on the ground that the inquiry officer assured him that the minor punishment would be awarded vis-a-vis sanction of leave for the absence of his duty. Keeping in view the assurance given by the inquiry officer, claimant had not actively participated in the inquiry proceedings to lead his evidence in defence. However, having disagreement with the inquiry officer, the disciplinary authority had punished the claimant respondent with dismissal from service.

The Tribunal has allowed the claim petition relying upon the judgment reported in 1998 SCC (L&S) 1783 Punjab National Bank and Ors. v. Kunj Behari Misra and 1999 SCC (L&S) 1385 Yoginath D. Badge v. State of Maharashtra and Anr. with the finding that the disciplinary authority has not recorded any reason with regard to disagreement with the inquiry officer. While assailing the order passed by the Tribunal, learned Standing Counsel submits that disciplinary authority was agreed with the finding recorded to the charges hence it was not necessary to record any reason with regard to the punishment in question. We have considered the arguments advanced by the learned Counsel for the parties. A perusal of the order of the disciplinary authority shows that while disagreeing with the report of the inquiry officer, the disciplinary authority merely stated that he is not agreed with the finding recorded by the inquiry officer with regard to proposed punishment. It has been submitted by the learned Counsel for the respondent that the disciplinary authority had not elaborated the reasons with regard to the disagreement of the proposed punishment recorded by the inquiry officer.

Submission of the learned Counsel for the claimant respondent is that because of the assurance given by the inquiry officer, as it appears from the representation submitted by the claimant respondent and the inquiry report, he had not contested the case before the inquiry officer.

Attention has been invited to the findings recorded by the inquiry officer with regard to the fact that the delinquent employee himself in stead of contesting the charges on merit, surrendered and tendered apology. From the close reading of the inquiry report, it cannot be ruled out that on the persuasion of the inquiry officer, the deceased employee had decided not to contest the charges on merit. A lenient view was taken by the inquiry officer, keeping in view the facts and circumstances of the case but the same has not been dealt with by the disciplinary authority while recording the finding. Depriving a person from his source of livelihood in the form of major penalty, affects the entire family for all time to come. In case under some assurance or otherwise, a government employee does not contest a case and tenders apology and keeping such apology in view, the recommendations is made, then while dissenting with the proposed punishment, it shall be obligatory on the part of the disciplinary authority to record its reasons.

Attention to this Court has not been invited on any material that the deceased government employee has got some criminal antecedents or he was ever charged for any other serious misconduct in past.

In view of above, finding recorded by the Tribunal relying upon the judgment in the case of Kunj Behari (supra), does not seems to be suffered from any irregularity or infirmity. Moreover, the constable died during the pendency of the claim petition before the Tribunal. It is not possible to hold fresh inquiry with regard to the present allegations. Under these facts and circumstances also, we are not inclined to interfere with the impugned order passed by the U.P. Public Services Tribunal.

It is accordingly dismissed.