By the Court.—Heard learned Standing Counsel for petitioner and Sri Rajesh Singh Chauhan, counsel for respondent.

2. This writ petition has been filed by State of Uttar Pradesh and its authorities challenging judgment and order dated 10.1.2011 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as the “Tribunal”) allowing Claim Petition No. 1246 of 2010 filed by claimant-respondent-1, Santosh Kumar Saran.

3. Major penalty of reduction in rank by reverting claimant-respondent from the post of Executive Engineer to Assistant Engineer vide order dated 7.1.2010 was imposed by petitioners which was challenged in aforesaid claim petition and the same has been set aside by Tribunal on various grounds including that no proper regular enquiry was conducted inasmuch as Enquiry Officer did not fix any date, time or place for adducing evidence to prove the charge against delinquent employee before Enquiry Officer. Enquiry Officer proceeded as if the charges stand proved as levelled in the charge-sheet and it is for the delinquent employee to disprove the same. In taking this view, Tribunal relied on Apex Court’s decision in Union of India and others v. Prakash Ku