By the Court.—Heard Sri Neeraj Kumar Srivastava, learned counsel for the petitioner, Sri G.D. Mishra, learned counsel for respondents No. 2 and 3, learned Standing Counsel for the State and perused the record.

2. This writ petition has been filed challenging order dated 10.11.2014 (Annexure-19 to the writ petition) passed by Chairman, Administrative Committee State Cooperative Dairy Federation, Lucknow-respondent No. 2 whereby punishment of reversion in the pay scale of petitioner has been awarded and he has been reverted from the pay scale of Rs. 10,000 - Rs. 15,200 to the pay scale of Rs. 8,000 - Rs. 13,500 at lowest level i.e. Rs. 8,000/-.

3. The facts in brief giving rise to this writ petition are that petitioner was directly appointed as Dy. Manager (Animal Husbandry) and he joined duty in the department on 20.1.1984. A charge-sheet was issued to petitioner on 24.8.2009 with the allegation that the petitioner was responsible for less production of milk during various periods and he has committed carelessness and failed to discharge his duty and responsibility on account of which Federation suffered heavy financial loss and act of the petitioner is a serious misconduct. Prior to that on 14.7.2009 petitioner was suspended. Copy of the charge-sheet has been annexed as Annexure-10 to the writ petition+. Petitioner replied to the charge-sheet on 14.10.2009.

4. Since petitioner was not being paid subsistence allowance, he filed a Writ Petition No. 68008 of 2009 in this Court for quashing suspension order and payment of subsistence allowance. Writ petition was disposed of vide order dated 15.12.2009 with a direction that enquiry be completed within a period of 3 months and in case enquiry is not completed, respondents shall consider revocation of suspension order. In compliance of the aforesaid order of this Court, respondents revoked suspension order and paid subsistence allowance to petitioner. However, enquiry could not be completed within 3 months.

5. In the meantime, a supplementary charge-sheet dated 8.2.2010 was also served upon petitioner wherein it was alleged that Rehabilitation Grant and District Plan Money was not used according to the plan. The petitioner replied said charge-sheet vide reply dated 31.8.2010. Inquiry Officer, thereafter, submitted inquiry report (Annexure-16 to the writ petition) holding petitioner guilty of the charges of misconduct levelled against him. The disciplinary authority thereafter, issued a show-cause notice dated 25.9.2010 which was replied by petitioner on 16.4.2012 denying allegations made in the show-cause notice. Thereafter, impugned order of punishment dated 10.11.2014 reverting petitioner to the lowest pay of Rs. 8,000/- in the pay scale of Rs. 8,000 - Rs. 13,500 has been passed. It is this order which is under challenge in this writ petition.

6. It is contended by learned counsel for petitioner that petitioner having been directly appointed on the post of Dy. Manager (Animal Husbandry), could not be reverted by placing him in a lower grade. Further it is contended that the inquiry officer had no authority to issue additional charge-sheet dated 8.2.2010 and opportunity of hearing was denied to him by inquiry officer in respect of the said additional charge.

7. Admittedly, petitioner was appointed as Dy. Manager (Animal Husbandry) in November, 1983. By Notification dated 29.8.1984 Centralized Service Rules known as U.P. Cooperative Dairy Federation and Milk Unions Centralized Service Rules, 1984 (hereinafter referred to as Rules, 1984) were notified and enforced, where under petitioner was absorbed and appointed as Manager Grade-III (Animal Husbandry) which was equivalent to the post of Dy. Manager (Animal Husbandry). By means of impugned punishment petitioner has been reverted from the post of Manager Grade-III (Pay scale Rs. 10,000 - Rs. 15,200) to the pay scale Rs. 8,000 - Rs. 13,500 which admittedly is the pay scale of Manager Grade-IV, a rank below Manager Grade-III.

8.