By the Court.—Heard learned Standing Counsel for petitioner and perused the record.

2. This writ petition under Article 226 of the Constitution of India has arisen from judgment and order dated 10.6.22010 passed by State Public Service Tribunal, Lucknow (hereinafter referred to as the (Tribunal”) in Claim Petition No. 1849 of 1999 filed by claimant-respondent No. 1 challenging order of punishment dated 5.2.1997 and appellate order dated 5.11.1998 passed by Registrar, Cooperative Societies, imposing punishment of stoppage of two increments without cumulative effect, recovery of Rs. 17298/- and ‘Censure’. Besides, appellate authority has also held that period of suspension shall be treated to be on duty but for the period of suspension no salary, except subsistence allowance shall be paid.

3. Tribunal found that though Inquiry Officer was appointed since inquiry for major penalty was initiated by departmental authority after placing respondent No. 1 under suspension but no oral inquiry was conducted and after receiving reply from concerned employee Inquiry officer submitted report and thereafter order of punishment was passed, said proceedings are wholly illegal and contrary