DHARM DEV MAURYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Vibhu Rai and Shri Upendra Singh, learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel appearing for the State-respondent.

(2.) By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dtd. 3/12/2020 passed by the Under Secretary, Government of Uttar Pradesh issuing him warning as a sequel to the disciplinary proceeding accepting the domestic inquiry report and directing for reinstatement of the petitioner revoking the order of suspension. Assailing the order dtd. 3/12/2020, three fold arguments have been advanced by learned counsel for the petitioner :

(3.) It is next contended by learned counsel appearing for the petitioner that in view of the Government order dtd. 27/9/2019 for the purposes of consideration of promotion and allotment of marks five marks may be deducted qua punishment of 'warning' issued to an employee. He contends further that according to Government order five marks could be deducted only for the warning issued but with a prior show-cause notice, which discloses this aspect of the matter that every such warning needed to be issued only after a show-cause notice. However, the order impugned is absolutely silent as there is no recital to the effect that petitioner was ever issued with the notice much less a show-cause notice prior to 'warning' under the order impugned.