The court held that a petitioner reinstated after a minor penalty of adverse entry and censure is entitled to backwages for the suspension period. The respondent was directed to pay the entire backwages within one month of the order.
Petitioner entitled to backwages; respondent directed to pay entire backwages within one month.
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Neutral Citation No. - 2023:AHC:189148
Court No. - 34
Case :- WRIT - A No. - 13483 of 2023
Petitioner :- Mithlesh Kumar Soni Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Atipriya Gautam,Madhaw Pandey,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Instructions obtained by learned Standing Counsel are taken on record and a copy whereof has also been supplied to learned counsel for the petitioner.
As per the instructions final punishment in the nature of minor penalty of awarding adverse entry of censure has been done in the matter and petitioner has now been reinstated by the respondent on 26th August, 2023.
Since petitioner has been awarded only adverse entry as final penalty in the matter of disciplinary proceedings drawn against him with issuance of suspension order in question and now petitioner has been reinstated, petitioner is held entitle to all backwages for the period he has been under suspension.
In view of the above, respondent concerned is directed to make entire payment to the petitioner within a period of one month from the date of production of certified copy of this order.
With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 3.10.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a petitioner reinstated after a minor penalty of censure is entitled to backwages for the suspension period?
Whether the respondent must pay the petitioner's entire backwages within a month?
Mithlesh Kumar Soni
The State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
