JUDGMENT

B. P. JEEVAN REDDY, J. :—Leave granted.

2. Rule 49 of the U.P.Civil Service (Classification Control and Appeal) Rules, 1930 provides that for good and sufficient reasons and in accordance with the procedure prescribed by those Rules, penalties specified therein may be imposed upon members of the service. The punishments specified in rule 49 include (i) Censure and (ii) Withholding of increments including stoppage at an efficiency bar.

3. Rule-55-B(a) provides that "(a) Whenever the punishing authority is satisfied that good and sufficient reasons exist for adopting such a course it may impose the penalty of-

(i) censure, or

(ii) stoppage at an efficiency bar.

Provided that it shall not be necessary to frame formal charges against the Government servant concerned or to call for his explanation."

4. The Allahabad High Court has opined in the order under appeal that awarding censure without affording an opportunity to the affected employee to explain the material on the basis of which the penalty of censure is proposed to be awarded is violative of the principles of natural justice. This has been so held following a decision of that Court in State of U.P.v. Rajendra Kumar Srivastav