Point of Law : Rule 7 of the Rules 1999 provides detailed procedure for imposing major punishment in case of confirmed employees, and if that is allowed to be given a go by that would frustrate the very object of the principles of natural justice and would obliterate the edifies of the basic principles of law that no one should be condemned unheard.

JUDGMENT :

Saral Srivastava, J.

1. Heard Sri Siddharth Khare, learned counsel for the petitioners, and Sri R.S. Umrao learned Standing Counsel for the State-respondents.

2. The petitioners through this writ petition have assailed the communication dated 27.01.2018 stopping salary of the petitioners and order dated 20.03.2018 passed by the Chief Medical Officer, Kannauj terminating the services of the petitioners.

3. The facts of the present case, in a nutshell, are that petitioner no.1 was appointed as X-Ray Technician by order dated 20.09.2008 passed by Director General, Medical and Health Services, U.P., Lucknow and was posted in the office of Chief Medical Officer, Ballia. Later on, petitioner no.1 was transferred from Ballia to Kannauj by order dated 28.11.2013 where he joined his duties on 20.01.2014. Petitioner no.2 was appointed as X-Ray Technician on 20.09.2008 under the order of Director General, Medical and Health Services, U.P, Lucknow and granted posting under the Chief Medical Officer, Mathura. Later on, he was transferred to Kannauj by order dated 19.10.2012, where he joined his duties on 27.12.2012. Petitioner no.3 was also granted an appointment as X-Ray Technician on 20.09.2008 and was posted under the Chief Medical Officer, Kannauj. The petitioners claim that their work and conduct were satisfactory and there was no complaint about the functioning of the petitioners. The petitioners have been paid the regular monthly salary till November 2017.

4. The Chief Medical Officer, Kannauj on 27.01.2018 sent a communication to the Director-General, Medical and Health Services, U.P., Lucknow stating therein that on verification, the diploma and registration certificates of the petitioners were found forged and sought guidelines from the Director-General, Medical and Health Services, U.P., Lucknow, Copy of the said communication was also endorsed to the Superintendents Community Health Centre, Haseran, Chibramau and Gursahaiganj with direction to stop taking work from the petitioners and also not to disburse any salary to the petitioners.

5. The further case of the petitioners that till the date of filing of the writ petition, there does not exist any order terminating the services of the petitioners or placing the petitioners under suspension. The petitioners pleaded that their services are governed by the provisions of U.P. Government Servants (Punishment and Appeal) Rules, 1999 (hereinafter referred to as Rules, 1999), and order for stopping the salary has been passed without affording any opportunity of hearing to the petitioners.

6. In the counter affidavit filed by the respondents-State, it is stated that the petitioners were given the appointment on the post of X-Ray Technician since they possessed diploma of Lab Technician. However, in pursuance of the letter dated 25.09.2017 of Director General, Medical and Health Services, U.P., Lucknow, on verification of the certificates of the petitioners from the U.P. State Medical Faculty, it was found that the diploma of Lab Technician submitted by the petitioners are forged certificates and had not been issued by any registered institution. Accordingly, the Chief Medical Officer, Kannauj by letter dated 18.12.2017 reported the matter to the Director-General, Medical and Health Services, U.P. Lucknow, and requested for instructions in the matter. The Chief Medical Officer by the said order also stopped the salary of the petitioners.

7. It is further averred that the petitioners have been issued show-cause notices dated 09.03.2018 calling from them an explanation as to why their services may not be terminated and criminal proceedings may not be initiated against them. The petitioners did not submit any reply to the notices, accordingly, services of the petitioners were terminated by an order dated 20.03.2018 passed by Chief Medical Officer, Kannauj. Thereafter, the FIR under Section 420 of IPC was also registered against the petitioners on 22.03.2018.

8. The petitioners, thereafte