Supreme Court - Daily Orders
State Of U.P. vs Vijaya Nand Tiwari on 13 July, 2022
Bench: M.R. Shah, B.V. Nagarathna
ITEM NO.3 COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 10331/2022
(Arising out of impugned final judgment and order dated 13-01-2021
in WA No. 12110/2020 passed by the High Court of Judicature at
Allahabad)
STATE OF U.P. & ORS. Petitioner(s)
VERSUS
VIJAYA NAND TIWARI Respondent(s)
(FOR ADMISSION and I.R. and IA No.82088/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.82087/2022-EXEMPTION FROM
FILING O.T. )
Date : 13-07-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) MR. RAVINDRA RAIZADA, AAG/SR ADV
MR. RAJEEV KUMAR DUBEY, ADV.
MR. ASHIWAN MISHRA, ADV.
MS. VAIDRUTI MISHRA, ADV.
Mr. Kamlendra Mishra, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
As the inquiry was found to be in breach of Rule 7 (vii) of the U.P. Government Servant (Discipline and Appeal), Rules, 1999 (for short “Rules of 1999”), as such the learned Tribunal rightly set aside the order of punishment. In fact, the learned Tribunal allowed the back wages to the extent of 50% only. The same is rightly confirmed by the High Court. Therefore, there is no merit in the Special Leave Petition and the same deserves to be dismissed Signature Not Verified Digitally signed by R Natarajan Date: 2022.07.13 and is accordingly dismissed.
17:20:28 IST Reason:
At this stage, it is required to be noted that while contd..
- 2 -
passing the impugned order, the High Court has shown its displeasure and observed and issued directions to the Chief Secretary, State of U.P. to look into the matter and appropriately direct the Secretaries of concerned departments to ensure that inquiry is conducted after observing Rule 7 of the Rules of 1999 in strict terms and more specially to lead oral evidence to prove the charges. The High Court has passed the following order - “Before parting with the judgment, it is necessary to indicate that time and again Tribunal is causing interference in the order of punishment finding violation of Rule 7(vii) of the Rules of 1999. Rule 7(vii) of the Rules of 1999 provides for oral evidence and invariably not followed in the enquiry despite catena of judgments of this Court causing interference the order of punishment. The violation of the Rule 7(vii) of the Rules of 1999 results not only interference of order of punishment but financial burden on the Government in shape of back wages. The Chief Secretary, State of U.P. is directed to look into the matter and appropriately direct the Secretaries of concerned departments to ensure that enquiry is conducted after observing Rule 7 of the Rules of 1999 in strict terms and more specially to lead oral evidence to prove the charges. Necessary direction in compliance of this order would be issued by office of Chief Secretary, State of U.P. with an information to this Court in reference to the present order.
The registry is directed to send the copy of this order to Chief Secretary, State of U.P. for compliance within a period of one month from the date of its receipt.” Nothing is on the record to show any further steps taken by the Chief Secretary, State of U.P. in furtherance of the aforesaid directions issued by the High Court. Only for that purpose, the Registry is directed to notify the matter before this Bench on contd..
- 3 -
18.07.2022 so as to enable the learned counsel for the petitioners to place on record what steps are taken by the Chief Secretary, State of U.P. in compliance with the directions issued by this Court, as above.
Pending applications shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR