1. Heard learned Standing Counsel for petitioner. None has appeared for respondents, hence we proceed to hear the matter and decided the case ex-parte.

2. This writ petition has been filed by State of Uttar Pradesh and its authorities challenging judgment and order dated 08.07.2009 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as the “Tribunal”) allowing Claim Petition No. 685 of 2003 filed by claimant-respondent-1, J.B. Singh.

3. Tribunal has set aside order of punishment dated 27.01.2003 whereby one increment with cumulative effect was stopped and censure was also awarded. Against this order representation was also made which has been rejected. No departmental inquiry i.e. oral enquiry necessary for imposing major penalty, was conducted.

4. Learned Standing Counsel could not dispute that in view of law laid down by Supreme Court in Kulwant Singh Gill v. State of Punjab, (1991) 1 SCC 505 withholding of increment with cumulative effect is a major penalty, therefore, inquiry, necessary for major penalty, prescribed under Rules, must have been conducted which admittedly has not been conducted in case in hand. Before imposing major penalty, oral inqui