EKLAVYA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Jaideep Narain Mathur and Shri Upendra Nath Mishra, learned senior advocates, Shri Gaurav Mehrotra, Shri Ramesh Kumar Srivastava, Shri Raj Kumar Upadhyaya, Shri Pt. S. Chandra, Shri Apoorva Tewari and other counsels for the petitioners. Sri Kuldeep Pati Tripathi, learned Additional Advocate General, Sri Ravi Singh Sisodiya, learned Chief Standing Counsel-III, Shri Ratnesh Chandra and learned counsel for the respective department appeared for the respondents.

(2.) The departmental inquiries with regard to the major punishment in the State of U.P. are in utter chaos since long. Day in and out, punishment orders are challenged before this Court wherein Rule 7 of U.P. Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as 'Rules of 1999'), is violated. In fact, entire roster of a Judge can pass without a single case of major punishment being placed before him in which Rule 7 of Rules of 1999 is complied with. Rule 7 (iii) and (vii) of Rules of 1999 reads as under:-

(3.) The seriousness of the situation resulted in repeated orders passed by the Supreme Court, by this Court as well as Government Orders issued. Relevant amongst these read as follows:-