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CASE NO.: Appeal (civil)  1442 of 2005

PETITIONER: STATE OF U.P. & ORS.                            

RESPONDENT: RAJ KISHORE YADAV & ANR.                          

DATE OF JUDGMENT: 20/06/2006

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: JUDGMENT

                       O  R  D  E  R

       Heard the learned counsel appearing on behalf of the appellants  and the respondents.         This appeal is directed against the judgment  passed by the High  Court of Allahabad in Civil Misc. Writ Petition No.1505/1996 allowing the  Writ Petition filed by the respondent herein.  The High Court by the  impugned order modified the punishment by way of stoppage of two  increments with cumulative effect and quashed the order of dismissal  from service awarded to the respondent herein.  The High Court also  ordered reinstatement with all pecuniary and consequential service  benefits.           We have been taken through the charges framed against the  respondent herein and also the Enquiry Report submitted by the Enquiry  Officer and the order passed by the Disciplinary Authority and also the  order passed in the Claim Petition. Five charges were framed against the  respondent herein. The charges are very serious in nature.  The charges  No.1,2,3 and 5 have been proved beyond any doubt. Charge No.4 has not  been proved.           On a consideration of the entire materials placed before the  authorities, they came to the conclusion that the order of dismissal  would meet the ends of justice.    When a Writ Petition was filed  challenging the correctness of the order of dismissal, the High Court  interfered with the order of dismissal on the ground that the acts  complained of were sheer mistakes or errors on the part of the  respondent herein and for that no punishment could be attributed to the  respondent.  In our opinion, the order passed by the High Court  quashing the order of dismissal is nothing but the error of judgment.  In  our opinion, the High Court was not justified in allowing the Writ Petition  and quashing the order of dismissal and granting continuity of service  with all pecuniary and consequential service benefits.  It is a settled law  that the High Court has limited scope of interference in the administrative  action of the State in exercise of extra ordinary jurisdiction under Article  226 of the Constitution of India and, therefore, the findings recorded by  the Enquiry Officer and the consequent order of punishment of dismissal  from service should not be disturbed.  As already noticed, the charges  are very serious in nature and the same have been proved beyond any  doubt.  We have also carefully gone through the Enquiry Report and the  order of the Disciplinary Authority and of the Tribunal and we are unable  to agree with the reasons given by the High Court in modifying the  punishment imposed by the Disciplinary Authority. In short, the  judgment of the High Court is nothing but perverse. We, therefore, have  no other option except to set aside the order passed by the High Court  and restore the order passed by the Disciplinary Authority ordering  dismissal of the respondent herein from service.  It is ordered  accordingly.  The Civil Appeal stands allowed.           No costs.