Heard learned Counsel for the parties.

2. Through the instant writ petition, the petitioner prays for quashing the Office Order dated 16.8.2010 passed by the opposite party No.1 against the petitioner penalizing him by giving minor penalty of Censure entry and major penalty by putting him in the lowest pay scale of the Pay Grade for violation of Rule 3 of the U.P. Government Servants' Conduct Rules, 1956, contained in Annexure No.1 to the writ petition.

3. Factual matrix of the case is that on 9.11.2001, the petitioner was directed by the Head Office to file counter-affidavit in one Civil Misc. Writ Petition No. 1577/2000, Gautam Chatterjee versus State of U.P. and others at Allahabad. Pursuant to this direction, the petitioner filed the counter-affidavit. Thereafter, in the said writ petition, the department was directed to decide the representation. The Department neither filed the appeal nor the Review Petition; instead, an appointment letter was issued.

4. Thereafter, disciplinary proceedings were initiated against the petitioner inter alia on the ground that he has filed a false counter-affidavit in the aforesaid Civil Misc. Writ Petition No.1577 of 2000 showing one