JUDGMENT :

Alok Mathur, J.

1. Heard Sri Jaideep Narain Mathur, Senior Advocate assisted by Sri Shobhit Mohan Shukla for the petitioner, Sri Vivek Shukla, learned Additional Chief Standing counsel along with Sri Prafulla Yadav, Standing counsel for State-opposite parties, Sri R. K. Upadhyay for opposite party No.3 and Sri Ashok Shukla for opposite party No.6.

2. By means of the present writ petition the petitioner has assailed the order dated 16.5.2021 passed by the State Government thereby awarding punishment to the petitioner of reversion along with censure entry. Further the advice of U.P Public Service Commission dated 19.2.2021 has also been challenged. The petitioner has further challenged the order dated 22.7.2019 passed by Additional Chief Secretary (Appointment Department), Government of U.P, whereby order of re-enquiry has been passed in exercise of powers under Rule 7 and 9(1) of U.P. Government Servants (Discipline and Appeal) Rules, 1999. The petitioner has also sought for a direction to the opposite parties not to give effect to the impugned order dated 16.5.2021 and also to allow the petitioner to work on the post of Sub Divisional Officer, regularly with all consequential benefits.

3. It has been submitted by learned counsel for the petitioner that having been selected on the post of Naib Tehsildar the petitioner started working on 19.12.1993 under the control of Board of Revenue, U.P. He was subsequently transferred/appointed on the post of Officer on Special Duty (Land Management) under New Okhla Industrial Development Agency (NOIDA), U.P., Gautam Buddha Nagar on 3.2.2009 till 16.4.2012 and thereafter he was posted at Board of Revenue U.P., Lucknow.

4. The controversy in the present case arose during his posting as an Officer of Special Duty (Land Management), NOIDA. The petitioner was placed under suspension by the Commissioner, Meerut Division, for causing loss to the Government property and subsequently decision was taken for initiating disciplinary proceedings against the petitioner and he was placed under suspension. The order of suspension was revoked by the Board of Revenue on 13.8.2012. It has been submitted that during the aforesaid period the petitioner was considered for promotion in the cadre of U.P. Civil Service (Executive Branch) and the Departmental Promotion Committee recommended his promotion on 3.9.2012 but he was not promoted looking to the disciplinary proceedings pending against him. It is on the intervention of this Court in a writ petition preferred by the petitioner that by means of the judgment and order dated 19.12.2012 passed in Service Bench Petition No.1316 of 2012 considering that the suspension of the petitioner had been revoked and no charge sheet has been issued to him and accordingly while disposing the writ petition directed the opposite parties to consider issuance of promotion order in favour of the petitioner if he has been found to be eligible by the D.P.C. The petitioner was served with charge sheet on 19.9.2012 containing 11 charges. All the charges pertain to issuance of a letter by the petitioner on 1.9.2010 written by the petitioner to the Director General (Tourism). It has been submitted that the said letter dated 1.9.2010 was sent in response to the letter of Director General (Tourism), dated 12.8.2010 who had required certain information with regard to the Hotel Golf View Ambedkar Vihar, Village Chhalaira Bangar, Tehsil Dadari, District Gautam Buddha Nagar, NOIDA. The said letter was written after seeking information from the Chief Planner and Architect as well as the Officer on Special Duty (Y) with Chief Executive Officer of NOIDA , and the petitioner was directed to communicate on behalf of NOIDA that actually Hotel Golf View Ambedkar Vihar, Village Chhalaira Bangar, Tehsiil Dadari, District Gautam Buddha Nagar, Noida is situated on abadi land and the NOIDA authority does not have any power to sanction map on a land which is in rural area. It is on the basis o