GAJENDRA PRASAD SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, a Senior Assistant in the Department of Food and Civil Supplies has sought to assail the validity of the order dated 22/5/2007 passed by the respondent no.3 as affirmed in appeal by the respondent no.2 vide is order dated 25/2/2009. In terms of the impugned order and consequent to culmination of the disciplinary proceedings taken against him he has been inflicted the following punishments:

(2.) This order passed by the respondent no.3 has been affirmed by the respondent no.2 acting as the Appellate Authority under the relevant rules.

(3.) Shri Adarsh Bhushan, learned counsel for the petitioner has submitted that the impugned order is clearly arbitrary and illegal inasmuch as in the course of the inquiry proceedings the petitioner was neither called before the Inquiry Officer to submit his case, no witnesses were examined in his presence, he was afforded no opportunity of cross-examination nor was the petitioner provided any of the documentary evidence relied upon and referred to in the inquiry report. He has submitted that the provisions of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 apply in the facts of the present case and that since a major penalty of stoppage of one increment with cumulative effect had been imposed upon him, the same could not have been inflicted without following the procedure prescribed under the Rules aforementioned and holding of a detailed oral inquiry.