Hon’ble Sudhir Agarwal, J.—Heard Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. Since counter and rejoinder affidavits have already been exchanged between the parties, as requested and agreed by the learned counsel for the parties, the matter is heard finally under the Rules of the Court and is being decided at this stage.

3. Aggrieved by the order dated 26.5.2004 passed by Inspector General of Police, Allahabad Zone, Allahabad modifying punishment imposed upon the petitioner by converting dismissal from service to reduction in the pay scale at the minimum for a period of three years and denying arrears of salary for the period petitioner was under suspension and out of employment pursuant to dismissal order dated 2.5.1994, this writ petition has been filed seeking writ of certiorari quashing the same and also a writ of mandamus directing respondents to pay all the benefits to the petitioners as he was never suspended.

4. The learned counsel for the petitioner submitted that the impugned order of punishment has been passed without considering the fact that the enquiry proceedings were conducted ex parte, the petitioner