STATE OF U. P. Vs. SHYAM KEWAL RAM

JUDGEMENT

(1.) This appeal arises out of the judgment and order dtd. 13/3/2023 passed by learned Single Judge allowing the writ petition filed by the respondent-petitioner against imposition of punishment vide order dtd. 24/3/2008.

(2.) It transpires that disciplinary inquiry was initiated against the writ petitioner by the disciplinary authority with service of charge-sheet dtd. 19/1/2006. The inquiry officer ultimately submitted a report in which he found charge nos.1,2 and 3 not to be proved. Charge no.4 was in respect of the temporary embezzlement in which the inquiry officer found the petitioner to be guilty. It transpires that a notice dtd. 12/11/2007 was issued by the disciplinary authority who had disagreed with the conclusion of the inquiry officer with regard to exoneration of the writ petitioner in respect of charge nos.1,2 and 3. Writ petitioner submitted a reply to this notice whereafter the major punishment of reversion to basic pay was imposed by the disciplinary authority upon the petitioner.

(3.) Learned Single Judge has found the procedure for imposition of such punishment to be unsustainable, inasmuch as proper opportunity was denied to the writ petitioner to defend himself. Thus aggrieved, the State is before us challenging the judgment of learned Single Judge.