Delay condoned.
Leave granted.
This appeal challenges the judgment and order dated 02.08.2017 passed by the
High Court of Judicature at Allahabad, Lucknow Bench in Service Bench No.143 of
2015.
The respondent herein, who at the relevant time was working as Lower Division
Clerk in the Revenue Department of the State Government, was suspended on
04.10.1986 and departmental proceedings were initiated against him on the allegation
that he had misappropriated Government funds. The record shows that initially the
respondent had participated in the enquiry proceedings but remained ex parte
subsequently.
Mukesh Nasa
appeal before the Commissioner, Lucknow Division, Lucknow, who vide order dated
29.07.1988 affirmed the order of punishment imposed by the first authority. The matter
was carried in revision and the revision was also dismissed by the Board of Revenue.
Almost 11 years after the imposition of major penalty, Claim Petition No.1903
of 1999 was preferred by the respondent, under the Uttar Pradesh Public Services
(Tribunal) Act, 1976, praying inter alia that the order of punishment be set-aside.
It may be mentioned that during the interregnum, criminal proceedings were also
initiated against the respondent in which the respondent was acquitted giving him
benefit of doubt.
The aforesaid claim petition filed by the respondent was allowed by the Uttar
Pradesh Public Service Tribunal vide its judgment and order dated 07.10.2013.
Further challenge raised at the instance of the appellants by filing writ petition
being Service Bench No.143 of 2015 was rejected by the Division Bench of the High
Court by its judgment and order dated 02.08.2017, which is presently under challenge.
As the record indicates, the respondent had participated in the enquiry
proceedings and later chose to remain ex parte. The challenge raised at his instance
was 11 years after the initial order, on which ground alone, the challenge should have
been dismissed.
In the circumstances, we allow this appeal, set-aside the orders passed by the
Tribunal and the High Court and dismiss the claim petition preferred by the respondent.
However, considering the facts and circumstances and particularly the fact that
the respondent has been litigating for fairly long time, we direct the appellants to pay a
sum of Rs.1,00,000/- (Rupees One Lakh Only) by way of ex gratia payment to the
respondent. Let the sum be made over to the respondent within six weeks from today.
With these observations, the appeal stands allowed, with no order as to costs.