The High Court dismissed a writ petition filed by the State challenging the State Public Service Tribunal's order quashing a censure punishment. The Court declined interference, holding the Tribunal's reasons sufficient and the writ petition bereft of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- WRIT - A No. - 8212 of 2022
Petitioner :- State Of U.P. And 2 Others Respondent :- State Public Service Tribunal And Another Counsel for Petitioner :- Tej Bhanu Pandey
Hon'ble Attau Rahman Masoodi,J. Hon'ble Vikram D. Chauhan,J.
Heard learned Standing Counsel for the State.
This writ petition has arisen against the impugned judgment and order dated 7.12.2021 rendered by the State Public Service Tribunal, Indira Bhawan, Lucknow in Claim Petition No.1500 of 2020 (Rajesh Kumar Chaubey Vs. State of U.P. & others).
Assailing the punishment of censure as well as the appellate and revisional order passed by the competent authorities the respondent had approached the Tribunal. The claim petition was allowed by the judgment and order dated 7.12.2021 giving rise to the present writ petition. The State has filed the writ petition notwithstanding that the Tribunal has recorded plausible reason for setting aside the impugned orders in the claim petition.
In the normal course, such disputes must attained finality before the Tribunal itself barring for the cases which are grave in nature and challenge whereof is indispensable. Litigation by the State is also at the cost of a heavy price and is a charge upon the State Exchequer. Litigation policy must ensure that petty matters ought not to be challenged before the constitutional Court.
We decline to interfere for the reasons assigned by the learned Tribunal in the impugned judgment, which being a possible view do not call for a judicial review and the lis is set at rest in terms of the reasons assigned by the Tribunal.
The writ petition is bereft of merit and is, accordingly, dismissed.
Order Date :- 27.5.2022 D. Tamang
Digitally signed by DHIRENDRA TAMANG Date: 2022.06.01 17:44:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's decision setting aside the punishment of censure.
Whether the State's litigation policy permits challenge to the Tribunal's judgment under Article 226.
State Of U.P.
State Public Service Tribunal
Attau Rahman Masoodi
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
