MUNNI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri N.D. Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record. The petitioner was imposed major penalty of dismissal by means of order dated 19.2.2010 and thereafter her appeal was also dismissed by order dated 5.10.2010.

(2.) Learned counsel for the petitioner assailed the impugned orders on the ground that dismissal was a major penalty but no oral inquiry was held and after the petitioner submitted reply to charge sheet, the Inquiry Officer submitted inquiry report and thereafter order of punishment has been passed, therefore, it is wholly illegal and in utter violation of principle of natural justice and by ignoring Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the "Rule, 1999") and the same is liable to be set aside.

(3.) In the counter affidavit, with respect to question, whether any oral inquiry was held or not, a vague stand was taken by respondents, though petitioner has specifically averred in paras 36 and onwards of the writ petition that no oral inquiry was held. It is in these circumstances, this Court passed following order on 11.12.2013: