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APPELLATE JURISDICTION CIVIL SIDE
DATED: LUCKNOW 13.01.2011
BEFORE
THE HON'NLE PRADEEP KANT, J. THE HON'BLE RITU RAJ AWASTHI, J.
Special Appeal No. 17 of 2011
Chairman, Nagar Panchayat, Bhinga, District Shravasti and another ...Petitioner
Versus
Sri Guddu and other ...Respondent
High Court Rules-Chapter VIII Rule 5- Special Appeal-Single judge- set-a-side the order of dismissal passed-without holding disciplinary enquiry-on disproportionate excessive punishment- once the authorities did not choose to challenge within-statutory period-can not excave from compliance in garb of time barred appeal-appeal dismissed.
Held: Para 9
This Court has repeatedly pronounced that if the authority or any person, for that matter feels aggrieved by the orders of the Court, he has no option but to comply with the same, unless he challenges the said order in any superior forum and gets an interim order of stay against the said order. Authorities who are responsible and obliged to comply with the orders passed by the Court with all promptness, cannot save themselves by adopting delaying tactics and by approaching the Court by filing the special appeal when contempt proceedings are drawn.
(Delivered by Hon'ble Pradeep Kant, J.)
1. Heard learned counsel for the appellants Sri O.P. Srivastava and Sri
A.N. Srivastava for the respondents.
2. This special appeal against the order passed by the learned Single Judge dated 11.11.09 has been filed with delay of more than one year. Since the counsel for the respondents has no objection, we condone the delay.
3. This special appeal challenges the order passed by the learned Single Judge, allowing the writ petition and setting aside the order of punishment of dismissal from service, with consequential benefits. The respondents' father, who was a regular employee, while working as Sweeper at Nagar Panchayat, Bhinga, Shravasti was dismissed from service on certain charges.
4. The learned Single Judge found that the enquiry was not conducted at all and merely on the basis of the reply submitted, punishment of dismissal from service was awarded. He held that the punishment order was passed without holding any enquiry in accordance with law. The learned Single Judge also found that the punishment of dismissal from service was highly disproportionate and excessive to the charge leveled.
5. With the aforesaid finding, the writ petition was allowed, but finding that the respondents' father had already expired, the learned Single Judge provided that the consequential benefits be provided to his heirs with no further enquiry.
6. The appellants did not challenge the aforesaid order within limitation knowing fully well, the date of the order and the contents thereof, but it appears that when the contempt petition was filed for compliance of the order aforesaid, as