Shiv Pujan Prasad Son Of Late Kalp Nath vs State Of U.P. Through Principal ... on 27 March, 2006
In view of law laid down by Hon'ble Apex Court referred herein before and particularly in State of Karnataka and Anr. v. T. Venkataramnappa (supra), the Disciplinary Authority was competent enough to decide the matter under relevant service rules on the basis of material available with it in spite of fact that criminal prosecution launched against the petitioner has failed on account of fact that police has submitted final report against him and Chief Judicial Magistrate has accepted it and no further steps were taken to challenge the order passed by C.J.M., Lucknow dated 12.9.2001. The findings of Inquiry Officer and Disciplinary Authority could also not be successfully assailed by learned Counsel for the petitioner under settled parameters of judicial review. Therefore, no fault can be found on that score, with regard to the conclusions drawn by Disciplinary Authority. The writ petition is devoid of merits, at the moment the petitioner is not entitled for any relief claimed in the writ petition, thus no interference is called for under Article 226 of the Constitution of India in the order impugned in the writ petition.