OM PRAKASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was working as a driver in the office of respondent no. 3. He was transferred and appointed to the office of respondent no. 2. Meanwhile, a departmental inquiry was conducted against him and by the impugned order dated 15.07.2021, respondent no. 1 awarded a major penalty of downgrading the pay-scale of the petitioner from Grade Pay Rs. 4200 to Grade Pay Rs. 2800. The petitioner challenges the order dated 15.07.2021 passed by respondent no. 1.

(2.) It is the case of the petitioner that the inquiry was conducted in a very arbitrary and illegal manner; the petitioner had replied to the authorities that on account of illness, the petitioner could not join his duties in the office; without considering the reply submitted by the petitioner, the impugned order was passed; while passing the impugned order, the provision of Rule 7 of Uttarakhand Government Servants (Discipline and Appeal) (Amendment) Rules, 2010 (for short, "2010 Rules") has been violated, because inquiry officer was appointed on 19.02.2021 and it is he, who served the chargesheet. It is the case that, in fact, it vitiates the impugned order and the proceedings.

(3.) Heard learned counsel for the parties and perused the record.