Supreme Court of India
UTTAR PRADESH FOREST CORPORATION LUCKNOW & ORS. versus VIJAY KUMAR YADAV & ANR. on 23 November 2021
432
SUPREME COURT REPORTS
[2021] 7 S.C.R.
AUTTAR PRADESH FOREST CORPORATIONLUCKNOW & ORS.
v.
VIJAY KUMAR YADAV & ANR.
B(Civil Appeal No. 6947 of 2021)
NOVEMBER 23, 2021
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law: Punishment – Charge of causing loss to theCextent of Rs.2.46 lacs was held to be proved by the enquiry officer– Punishment order for recovery of Rs.2.46 lacs passed – HighCourt set aside the punishment order – Held: High Court ought tohave maintained the punishment order once the charge of causingloss to the extent of Rs.2.46 lacs was held to be proved by enquiryofficer – Therefore, order modified to the extent of maintaining theDorder of punishment for recovery of Rs.2.46 lacs for the chargewhich was held to be proved by enquiry officer – Respondentemployee has since retired on attaining the age of superannuation – Therefore, whatever further amount is due and payable towardsthe retirement benefits which may be available under the law, theEsame may be paid to the respondent after making recovery/deductingRs.2.46 lacs.
CIVIL APPELLATE JURISDICTION: Civil Appeal No.6947 of2021.
From the Judgment and Order dated 20.02.2019 of the High CourtFof Judicature at Allahabad in Writ A No.54718 of 2005.
M. R. Shamshad, Arijit Sarkar, Ms. Nabeela Jamil, Niaz A.Farooqui, Advs. for the Appellants.
Yatish Mohan, Achintya Tiwari, Subhash Chandra Sagar, E. C.GVidya Sagar, Advs. for the Respondents.
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The Judgment of the Court was delivered by
M. R. SHAH, J.
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1. Feeling aggrieved and dissatisfied with the impugned judgmentand order dated 20.02.2019 passed by the High Court of Judicature atAllahabad in Writ Appeal No. 54718 of 2005, Uttar Pradesh ForestCorporation Lucknow and others have preferred the present appeal.
2. At the outset, it is required to be noted that vide order dated03.07.2019, this Court issued notice limited to the extent as to whetherthe High Court ought to have maintained the punishment order for recoveryof Rs.2,46,922.56, which was also held to be proved by the EnquiryOfficer.
3. We have heard the learned counsel for the respective parties.
4. At the outset, it is required to be noted that in so far as thecharge of causing loss to the extent of Rs.2,46,922.56, it was held to beproved by the Enquiry Officer. However, there was disagreement onthe part of the Disciplinary Authority so far as other charges, whichwere held to be not proved by the Enquiry Officer and without issuingany notice on the said disagreement, the Disciplinary Authority proceededfurther and passed the punishment order, which was held to be bad inlaw and against the principles of natural justice. Therefore, once thecharge of causing loss to the extent of Rs.2,46,922.56 was held to beproved by the Enquiry Officer, the High Court ought to have maintainedthe punishment order for recovery of Rs.2,46,922.56.
5. In view of the above, we modify the impugned judgment andorder passed by the High Court to the extent of maintaining the order ofpunishment for recovery of Rs.2,46,922.56 for the charge which wasalso held to be proved by the Enquiry Officer. It is reported that therespondent employee has since retired on attaining the age ofsuperannuation. Therefore, whatever further amount is due and payabletowards the retirement benefits, which may be available under the law,the same may be paid to the respondent after making recovery/deductingRs.2,46,922.56.
6. Present appeal is accordingly partly allowed to the aforesaidextent and in the facts and circumstances of the case, there shall be noorder as to costs.
Devika Gujral
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