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Gulab Chandra v. State Of U.P. And Others - WRIT - A No. 71446 of 2005  RD-AH 6040 (21 November 2005)
HON. ARUN TANDON, J.
Heard Sri Gautam Chaudhary on behalf of the petitioner, Standing Counsel on behalf of the respondents.
Petitioner, who is working as Collection Amin, is aggrieved by an order of punishment dated 16th September, 2005 where under major penalty of reversion to the initial of the pay scale as well as recording of the adverse entry has been directed.
Counsel for the petitioner submits that the report of the enquiry officer dated 3rd September, 2005 was never forwarded to the petitioner by the disciplinary authority nor the provisions of Rule 9 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 has been complied with and therefore the impugned order of punishment cannot be legally sustained.
Standing Counsel on behalf of the respondents fairly conceded that from the order impugned it is apparently clear that the disciplinary authority has not taken note of Rule 9 before imposing the major penalty of reversion to the initial of pay scale and therefore it would be appropriate that the disciplinary authority may be required to act strictly in accordance with the provisions of U.P. Government Servant (Discipline and Appeal) Rules, 1999 specifically rule 9.
In the facts and circumstances of the case, admittedly there has been violation of Rule 10 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999, as such impugned order of punishment dated 16.9.2005 is legally not sustainable and is hereby quashed.
The disciplinary authority is directed to proceed against the petitioner from the stage the proceedings have run contrary to the law, referred to herein above, and act strictly in accordance with Rules 7 to 9 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 and to complete the disciplinary proceedings in that regard, preferably within four months from the date a certified copy of this order is filed before the authority concerned. The disciplinary authority shall pass a reasoned speaking order.
Writ petition is accordingly allowed subject to the observations made herein above.
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