GIRIJA SHANKAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by the order of punishment dated 13.3.2006 (Annexure-9 to the writ petition) passed by Respondent No. 2 imposing major penalty of withholding of two increments with cumulative effect, minor penalty, a censure and further withholding of integrity as a well as a direction that independent charge not to be given to the Petitioner in future; the order dated 28.11.2006 (Annexure 15 to the writ petition), passed by Respondent No. 1 rejecting Petitioner's appeal, the present writ petition has been filed under Article 226 of the Constitution seeking a writ of certiorari for quashing the same.

(2.) Learned Counsel for the Petitioner submits that after receiving enquiry report, the disciplinary authority has proceeded in utter violation of Rule 9(4) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "1999 Rules"), hence the entire proceedings subsequent thereto are illegal, without jurisdiction and in utter violation of principles of natural justice. He drew my attention to the averment made in para 36 of the writ petition that copy of the enquiry report was never served upon the Petitioner and on the contrary, the disciplinary authority after receiving enquiry report, straight way proceeded to pass the impugned punishment order, hence, violated the procedure prescribed in Rule 9(4) of 1999 Rules.

(3.) Respondents have filed counter-affidavit. In a general and vague manner, they have replied the aforesaid averments. In para 30 of the counter-affidavit, the only averment made is that the procedure prescribed in the 1999 Rules has been followed. There is no specific reply despite specific averment made by the Petitioner that copy of enquiry report was never served upon the Petitioner. It has not been stated whether the copy of enquiry report was supplied or not.