Uttar Pradesh Forest Corporation Lucknow & Ors. vs Vijay Kumar Yadav & Anr.

Court

Supreme Court of India

Date

23 November 2021

Case No.

Civil Appeal No. 6947 of 2021

Result

Partly allowed

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2021] 7 S.C.R. 432 : 2021 INSC 778

Headnote

Service Law: Punishment – Charge of causing loss to the extent of Rs.2.46 lacs was held to be proved by the enquiry officer – Punishment order for recovery of Rs.2.46 lacs passed – High Court set aside the punishment order – Held: High Court ought to have maintained the punishment order once the charge of causing loss to the extent of Rs.2.46 lacs was held to be proved by enquiry officer – Therefore, order modified to the extent of maintaining the order of punishment for recovery of Rs.2.46 lacs for the charge which was held to be proved by enquiry officer – Respondent employee has since retired on attaining the age of superannuation – Therefore, whatever further amount is due and payable towards the retirement benefits which may be available under the law, the same may be paid to the respondent after making recovery/deducting Rs.2.46 lacs.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.02.2019 passed by the High Court of Judicature at Allahabad in Writ Appeal No. 54718 of 2005, Uttar Pradesh Forest Corporation Lucknow and others have preferred the present appeal. 2. At the outset, it is required to be noted that vide order dated 03.07.2019, this Court issued notice limited to the extent as to whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the E

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