2011 LAB. I. C. 294 ::2010 (6) All LJ 646 ::2010 (6) ALJ 646 ::(2010) 127 FacLR 847 ::(2011) 2 ADJ 46 (ALL) ::2010 (83) ALR SOC 25 (ALL)

Allahabad High Court

Hon'ble Judge(s): A. P. Sahi , J

( A ) Constitution of India Art. 235 — Disciplinary proceedings — Petitioner was working as chaukidar in District Judgeship — Thieves allegedly attempted to fell sandal trees inside campus of Civil Court while petitioner was discharging his duties at night — Other chaukidar exonerated on ground that trees were not within his operational area — Both acted diligently in chasing thieves but he ran away — District Judge passed fresh order directing Enquiry Officer to submit another report and same Enquiry Officer very next day submitted report against petitioner holding him responsible for said incident — This overnight change of opinion appeared to be at instance of District Judge without there being any new material for such report being submitted against petitioner — Therefore, subsequent enquiry report and punishment order both would be perverse — Resultant order of punishment liable to be set aside. (Paras78)