# Chandra Pal Singh v. State Public Service Tribunal, Lucknow and others - **Citation:** (2003) 1 ILRA 120 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2003-01-30 - **Case number:** Civil Misc. Writ Petition No. 53411 of 2002 - **Bench:** M. Katju, Prakash Krishna - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/chandra-pal-singh-v-state-public-service-tribunal-lucknow-and-others-39882 - **Pages:** 2 ## Headnote Constitution of India, Article 226- service law- promotion- denied- due to adverse entry- representation against pendingheld promotion can not be denied- G.O. Dated 04.05.95 relied on. Held- Para 4 It has been admitted in paragraph 10 of the same that in view of G.O. dated 4.5.1995 if a representation is pending against an adverse entry the said adverse entry will not come in the way of promotion. It has also been admitted in paragraph 8 that the entries for 1995-96 have been deleted. ## Text http://www.allahabadhighcourt.nic.in 120 INDIAN LAW REPORTS ALLAHABAD SERIES [2003 the divisions, strictly in accordance with their seniority in the list. The list, so drawn, shall be sent to each of petitioners, separately and published in news papers. There shall be no order as to costs. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 30.1.2003 BEFORE THE HON'BLE M. KATJU, J. THE HON'BLE PRAKASH KRISHNA, J Civil Misc. Writ Petition No. 53411 of 2002 Chandra Pal Singh ...Petitioners Versus State Public Service Tribunal, Lucknow and others ...Respondents Counsel for the Petitioner: Sri Yogesh Agarwal Counsel for the Respondents: S.C. Constitution of India, Article 226- Service Law-termination order on the ground a particular record not returned by the Petitioner-inquiry officer recorded specific finding that there is no material regarding hand over of record to the petitioner- State Tribunal ignored this material document- direction issued for reinstatement. Held- Para 5 We are surprised to note that the Tribunal has not apparently seen the enquiry report where the finding of fact is that there is no material to show that the record in question had been handed over by T.B. Singh to the petitioner. Hence the Tribunal has clearly made an observation (quoted above) which is baseless. We have therefore to hold that the original record in question has not been handed over by Sri T.B. Singh to the petitioner and there was no material to show that that was done. (Delivered by Hon'ble M. Katju, J.) 1. We have heard the learned counsel for the petitioner and learned Standing Counsel. 2. The petitioner has challenged the impugned order of the U.P. Public Service Tribunal dated 20.9.2002. 3. The petitioner was a Stenographer in the office of the Trade Tax Department, Allahabad. He was charge sheeted vide charge sheet dated 19.2.2000 vide Annexure 4 to the writ petition to which he gave reply vide Annexure 5 to the writ petition. Thereafter an enquiry was held. True copy of the enquiry report dated 22.7.2000 is Annexure 6 to the writ petition. It has been observed by the enquiry officer that the then record keeper T.B. Singh appears to be responsible for disappearance of the record relating to a particular trader M/s M.B. Traders. The enquiry officer has recorded a finding that there is no material to show that T.B. Singh handed over the record to the petitioner, Chandra Pal Singh. 4. The Tribunal in its impugned order Annexure 1 to the writ petition has observed "As per finding of fact the original record relating to a particular trader for a particular year was given by the record keeper to the petitioner who did not return the same back to the record keeper in original. He, rather, gave back only a photocopy thereof." 5. We are surprised to note that the Tribunal has not apparently seen the http://www.allahabadhighcourt.nic.in 1All] Chandra Pal Singh V. State Public Service Tribunal and others 121 enquiry report where the finding of fact is that there is no material to show that the record in question had been handed over by T.B. Singh to the petitioner. Hence the Tribunal has clearly made an observation (quoted above) which is baseless. We have therefore to hold that the original record in question has not been handed over by Sri T.B. Singh to the petitioner and there was no material to show that that was done. 6. In view of the above finding of the enquiry officer the impugned order of the Tribunal dated 20.9.2002 as well as the order of the Deputy Commissioner Trade Tax dated 18.10.2000 and order of the Commissioner Trade Tax U.P. dated 19.5.2001 are vitiated in law and are hereby set a side and the impugned orders are quashed. 7. The petition is allowed. The petitioner shall be reinstated within a month of production of a certified copy of this order before the authority concerned in accordance with law. He shall also be paid back salary from the date of termination to the date of reinstatement and such payment shall be made within two months of production of a certified copy of this order before the authority concerned. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 29.1.2003 BEFORE THE HON'BLE M. KATJU, J. THE HON'BLE PRAKASH KRISHNA, J. Civil Misc. Writ Petition No. 41390 of 2001 Syed Vequar Ahmad ...Petitioner Versus State of U.P. and others ...Respondents Counsel for the Petitioner: Sri I.N. Singh Sri Ajay Yadav Counsel for the Respondents: S.C. Constitution of India, Article 226- service law- promotion- denied- due to adverse entry- representation against pendingheld promotion can not be denied- G.O. Dated 04.05.95 relied on. Held- Para 4 It has been admitted in paragraph 10 of the same that in view of G.O. dated 4.5.1995 if a representation is pending against an adverse entry the said adverse entry will not come in the way of promotion. It has also been admitted in paragraph 8 that the entries for 1995-96 have been deleted. (Delivered by Hon'ble M. Katju, J.) Heard counsel for parties. 2. The petitioner has prayed for a writ of mandamus directing that he be considered for promotion to the post of Assistant Excise Commissioner. The petitioner is presently Excise Inspector. He was selected by the U.P. Public Service Commission in 1985 and has been