Allahabad, Apr 1 (UNI) The Allahabad High Court today ruled that if punishment against a government employee lacks evidence, the Court while exercising its powers under article 226 of the Constitution of India can quash the order of the administrative authority.
The order was passed by a bench comprising Justice Shishir Kumar on a writ petition filed by Sri Som Dutt, an employee of the Life Insurance Corporation (LIC), who was posted as cashier in Gorakhpur, when he was terminated from service after dissatisfactory proceedings.
The allegations against the petitioner was that when the cash box was brought out from the bank, a short-fall of Rs 1,40,806 was found. An FIR to this effect was also lodged at Kotwali police station.
Departmental proceeding was held against the petitioner, who was sacked after being was found guilty.
After quashing the orders impugned in the writ petition, the HC directed for forthwith reinstatement of the petitioner in service.
The court stated that the petitioner will only be entitled to 50% back wages from the date of dismissal till the date of his reinstatement.
The HC further said that under article 226 of the Constitution, it can exercise its power, if action initiated against a government employee with evidence.
UNI XC VCP ATI RL KP2012