GITA MITTAL, J.

1. By way of the present writ petition, the petitioner has assailed the disciplinary proceedings conducted against him pursuant to a memorandum of charges issued on 7th December, 2005; the findings of the inquiry officer dated 29th January, 2009; the order dated 26th August, 2010 issued by the disciplinary authority accepting the recommendations and findings of the inquiry officer and imposing the punishment of dismissal of service which shall ordinarily be a disqualification for future Government employment.

2. It is contended by the petitioner that the order of penalty upon the petitioner is not sustainable for the reason that as per the impugned order dated 26th August, 2010, the disciplinary authority had sought the advise of the Union Public Service Commission (UPSC) which recommended the imposition of the penalty of “Dismissal from Service” upon the petitioner. It is urged that the advise of the UPSC was served upon the petitioner along with the order dated 26th August, 2010 passed by the disciplinary authority which accepted and acted upon the advise of the commission. Reliance is placed on the judicial pronouncements of the Supreme Court reported at (