Allahabad High Court
Vijay Pal Singh Solanki vs The Appellate Authority And Another on 20 July, 2010
Author: Anil Kumar
Bench: Anil Kumar
Court No. - 26 Case :- WRIT - A No. - 60005 of 2005 Petitioner :- Vijay Pal Singh Solanki Respondent :- The Appellate Authority And Another Petitioner Counsel :- H.P. Dube Respondent Counsel :- S.C.,S.N.Verma,Yashwant Verma Hon'ble Anil Kumar,J.
Matter is taken in the revised cause list.
None present on behalf of the respondents.
By means of present writ petition, the impugned order dated 15.05.2004(Annexure no. 9) and the order dated 04.03.2005(Annexure no. 11) passed by appellate authority are under challenge.
Learned counsel for the petitioner submits that one Sri Inderjeet was also charged with similar charges as the petitioner has been charged. Sri Inderjeet was also dismissed from service by the Disciplinary Authority, but in the appeal his final order of punishment dismissing him from service was modified by the Appellate Authority and he was awarded lesser punishment of withholding 8 increments by means of an order dated 29.07.2005. Pursuance to the order passed by the Appellate Authority on 29.07.2005, Sri Inderjeet has now been reinstated in service. Whereas the charges levelled against the petitioner were also similar, but the Appellate Authority has taken a discriminatory view and has confirmed the order of punishment awarded by the Disciplinary Authority. This action of the Appellate Authority is totally arbitrary and discriminatory, and therefore, is violative of Article 14 of the Constitution of India.
In view of the above said facts, the writ petition is admitted.
Order Date :- 20.7.2010 Krishna/*