The employee's admission of misconduct can be decisive in disciplinary proceedings, and fair opportunity must be provided in accordance with the legal framework.

B. S. CHAUHAN AND SHISHIR KUMAR, JJ.

( 1 ) THE Zila Panchayat, Aligarh has questioned the validity of the judgment and order dated 02. 05. 1997 of the U. P. Public Services Tribunal, by which the claim petition of late Ved Prakash saxena, who is represented through his heirs and legal representatives, respondents No. 2 to 7, herein above, has been allowed on the ground that the enquiry against the delinquent employee stood vitiated on account of non-production of oral witnesses. The Tribunal concluded that there was no evidence before the Inquiry Officer to come to the conclusion that the charges were proved against the petitioner and, therefore, the enquiry was in violation of Article 311 (2) of the constitution of India read with Rule 55 of C. C. A. Rules, 1930. Accordingly the Tribunal set aside the order of punishment and extended all benefits to the respondents No. 2 to 7, who are the heirs and legal representatives of late Ved Prakash Saxena.

( 2 ) THE facts and circumstances giving rise to this case are that late Ved Prakash Saxena was appointed as a Clerk Grade III in 1952 in Zila Parishad, Aligarh and was ultimately promoted to the post of Licence/tax Inspector on 11. 6. 1968.

( 3 ) SHRI Saxena, while serving on the said post, was found to have committed some misconduct, for which he was served with a charge sheet containing six charges in 1975. Three of the charges were in respect of temporary embezzlement relating to non-deposit of certain amount within time after having collected it from the concerned person. The other charges related to (i) acceptance of illegal gratification (ii) non-verification of the tour diary and claiming the allowances etc; (iii)that he had earlier committed the same misconduct and was punished. The delinquent submitted his reply to the charge sheet.

( 4 ) AN enquiry was conducted by the Inquiry Officer who submitted his report to the Chairman of the Zila Panchayat and the same was furnished to the delinquent employee along with a show cause notice to submit his reply. A copy of the Inquiry Officers Report has been appended as annexure-11 to the counter affidavit. The charge sheet has been appended as Annexure-6 to the counter affidavit. A perusal of the charge sheet indicates that there were six charges in all but the inquiry Officer has commented upon only five of the charges. It is further to be significantly noted that in respect of charge No. l, which was in respect of accepting a bribe of Rs. 140/-, for which the employee was being criminally prosecuted, was not dealt with by the Inquiry Officer and he declined to submit any report in respect thereof in view of pendency of the criminal case. The employee submitted his explanation to the said show cause notice and the Inquiry Officers report. Where after the Chairman, Zila Panchayat passed the order of punishment dismissing Shri ved Prakash Saxena from the service. The dismissal order became subject matter of challenge before the Tribunal and during the pendency of the claim petition, Shri Saxena died and was substituted by his heirs and legal representatives, who are the contesting respondents No. 2 to 7 herein.

( 5 ) WE have considered the rival submissions made by the learned counsel for the parties and perused the record.

( 6 ) SIX charges had been framed against the petitioner. Charge No. 1 related to acceptance of illegal gratification. The same has not been enquired into by the Inquiry Officer, in view of the pendency of the criminal case, on the said charge against him. Charge No. 5 was only to the effect that earlier, vide impugned order 17. 6. 1974, the said employee had been punished for not depositing the collected amount in time and considering it to be a temporary embezzlement, punishment of withholding three annual grade increments without cumulative effect and depriving him from any amount other than the subsistence allowance, paid to him during suspension and making an adverse entry in his Service Book, had been imposed

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