JUDGMENT :

1. Heard learned State counsel representing the petitioner.

2. This petition filed under Article 226 of the Constitution of India challenges the order dated 07.03.2019 passed by U.P. State Public Service Tribunal, Lucknow whereby the claim petition no.1343 of 2017 filed by respondent no.1 challenging the order of punishment of censure and the appellate order, has been allowed and the punishment of censure has been set-aside.

3. Submission of learned counsel for the petitioner is that finding given by the Tribunal vide impugned judgment and order dated 07.03.2019 to the effect that in absence of any mens rea the charge against respondent no.1, as alleged, would not amount to misconduct, is erroneous in view of the law laid down by Hon'ble Supreme Court in the case of Union of India and others vs. J.Ahmad, (1979) AIR SC 1022.

4. A show cause notice was issued to respondent no.1 under Rule 10 (2) of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as 'Rules, 1999'), which provides the procedure for award of minor punishment. According to said show cause notice, the petitioner was required to furnish his reply in respect of irregularities said