RAM NARESH VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Kumar Singh, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties.

(2.) The present petition has been filed against the order dated 12.06.2012 whereby the minor penalty of stoppage of two increments has been imposed upon the petitioner while reinstating him in service. At the time of filing of the writ petition, by means of the order dated 13.08.2012 this Court had passed an interim order staying the operation of the impugned order. It has been submitted by the learned counsel for the petitioner that the interim order has continued in operation till date and only one year's service now remains for the petitioner before his superannuation.

(3.) The learned counsel for the petitioner while admitting the legal proposition that with regard to the imposition of minor penalty, a full-fledged enquiry does not require to be resorted to by the department, at the same time submits that in case even if a minor penalty is imposed after following the enquiry procedure, then it would be incumbent upon the authorities concerned to provide a full-fledged opportunity of hearing to the petitioner which would include fixing of date and time, access to the relevant documents as well as opportunity to cross-examine the witnesses. In the absence of the aforesaid, he has submitted that the impugned order is liable to be quashed.