Point of Law: District Inspector of Schools - Charge that he granted permission/ approval for payment of salary to one Class C and three Class D employees appointed in educational institutions Enquiry officer fixed no date for oral enquiry on charge-sheet served on appellant, in spite of fact that appellant had submitted a reply refuting charges, enquiry stood vitiated and so did enquiry report as well as consequential action.

JUDGMENT :

1. This intra-court appeal arises from a judgment and order, dated 02.03.2021, of a Single Judge in Writ A No. 8811 of 2020 whereby the writ petition of the appellant assailing a punishment order of reversion, dated 01.10.2020, has been dismissed.

2. The factual matrix of the case is as follows:-

(i) The appellant (writ petitioner) gained entry in service through U.P. Public Service Commission (for short the Commission) and, at the relevant time, was posted as District Inspector of Schools (for short DIOS), Basti. With reference to his functioning as DIOS Basti, he was served a charge-sheet, dated 17.05.2006, levelling upon him a charge that he granted permission/ approval for payment of salary to one Class C and three Class D employees appointed in educational institutions (i.e. M.P.B.P. Balika Inter College, Harraiya, Basti and Kishan Inter College, Bhanpur, Basti) without prior concurrence/ recommendation of the Regional Level Committee headed by Joint Director of Education, as was required by the Government Order dated 19.12.2000, and by doing so he violated the Government Order. With reference to this charge-sheet, a report exonerating the appellant was submitted on 02.06.2009 with which the State Government did not agree. Rather, it proposed a punishment of reversion to be imposed upon the appellant and sent the same for approval of the Commission. The Commission, however, disagreed with the proposed punishment and, rather, proposed a lesser punishment of withholding two increments. The State Government vide order dated 14.03.2012 passed the order as proposed by the Commission. This order of punishment, dated 14.03.2012, has been separately challenged by the appellant through Writ A No. 21916 of 2012 which is pending.

(ii) In the meantime, another charge-sheet dated 15.04.2009, was served upon the appellant. The second charge-sheet levelled two charges. The first being that before granting approval to the appointment of Class C employee, namely, Shiv Kumar, at M.P.B.P. Balika Inter College, Harraiya, Basti, vide order dated 11.08.2004, the appellant failed to accord consideration for adjustment of compassionate appointees working against supernumerary posts, as was required by a Government Order dated 30.07.1992, thereby causing financial loss to the State Exchequer. In addition to above, it was alleged, the mandate of Government Order dated 19.12.2000 requiring approval from the Regional Level Committee was not met. The second charge levelled in the charge sheet dated 15.04.2009 was in respect of according approval to the appointment and payment of salary to as many as 10 direct appointees on the post of Peon in various institutions of the district without taking into consideration the mandate of the Government Order dated 30.07.1992 mentioned above. In addition to above, it was alleged, the appellant had failed to follow the guidelines contained in the Government Order dated 19.12.2000 requiring approval of the Regional Level Committee before appointment and payment of salary. It was alleged that the action of the appellant caused loss to the State Exchequer and amounted to violation of Rule 3(1) of U.P. Government Servants Conduct Rules, 1956 (for short 1956 Rules).

(iii) The appellant submitted his reply to the charge-sheet dated 15.04.2009 stating, inter-alia, that requirement to first adjust compassionate appointees working against supernumerary posts did not place any restriction on appointment of persons belonging to reserved categories as clarified by Government Order dated 06.09.2000. In addition to that, it was stated that in respect of appointment on Class 'C' post, one Kamlesh Pratap Singh, appointed on a supernumerary post, was adjusted in Kishan Inter College, Basti. Apart from above, it was claimed that there were 160 sanctioned posts of clerk in the district against which there were only 145 appointees therefore, on the date of sanction of appointment, there were 15 posts lying vacant. In respect o