U.P. POWER CORPORATION LTD. AND ANOTHER versus VIRENDRA LAL (DEAD) THROUGH L.RS.

U.P. POWER CORPORATION LTD. AND ANOTHER versus VIRENDRA LAL (DEAD) THROUGH L.RS.

The Chairman was the competent authority under the Regulations to impose punishment; by the order having been passed by the UPSEB itself, the delinquent employee was denied his right to appeal, making the order invalid. Therefore, the Tribunal and High Court rightly set aside the order of punishment.

Parties
Appellant: U.P. Power Corporation Ltd. and Another; Respondent: Virendra Lal (dead) through L.Rs.
Jurisdiction
India
Judgment Date
03 October 2013
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Misconduct, Disciplinary Proceedings, Punishment, Right of Appeal, Imposition of Punishment by Higher Authority, Post Retirement Disciplinary Action, Service Regulations
Service Law Misconduct Disciplinary Proceedings Punishment Right of Appeal Imposition of Punishment by Higher Authority Post Retirement Disciplinary Action Service Regulations

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Parties

U.P. Power Corporation Ltd. and Another

Appellant

Virendra Lal (dead) through L.Rs.

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether the punishment imposed by the UPSEB, instead of the Chairman, deprived the delinquent employee of his right of appeal under Regulation 6 of the 1975 Regulations.
  2. 2 Whether a higher authority can impose punishment as a primary authority when there is provision for appeal, revision or review.

Ratio Decidendi

The Chairman was the competent authority under the Regulations to impose punishment; by the order having been passed by the UPSEB itself, the delinquent employee was denied his right to appeal, making the order invalid. Therefore, the Tribunal and High Court rightly set aside the order of punishment.

Court Disposition

appeal dismissed

Orders

  • The appeal stands dismissed without any order as to costs.
  • The order of UPSEB imposing deduction of 10% pension is not sustained.