Point of Law: Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.

JUDGMENT :

1. Heard Mr. Sanjay Kumar, Advocate assisted by Mr. Akshat Kumar, learned counsel for the petitioner and Ms. Vasudha Singh, Brief Holder and Mr. Rajiv Srivastava, learned Additional Chief Standing Counsel for the State.

2. By means of this writ petition, the petitioner has prayed for a writ of certiorari quashing orders dated 7.11.2016 and 15.11.2016, passed by respondents 2 and 3, contained in Annexures 1 and 2 to the writ petition.

A further writ of mandamus commanding respondents to reinstate the petitioner in service along with all consequential benefits of service including arrears of salary as also payment of current salary along with other benefit of service has also been prayed.

3. Brief facts of the case are that in the year 2009-2010, when the petitioner was posted as Senior Clerk in the office of Civil Hospital, Lingiganj, Farrukhabad, he was placed under suspension vide order dated 22.1.2010 on the charge of financial irregularities by Director (Administration), Medical & Health Services, U.P. Lucknow. Disciplinary proceedings were initiated against the petitioner under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (In short, Rules of 1999). A charge sheet dated 6.7.2010 was issued by the enquiry officer whereby three charges were levelled against the petitioner. After receiving the charge sheet, the petitioner submitted his reply on 30.7.2010 denying all the three charges. Enquiry was completed by the enquiry officer and the respondent No.2, i.e. the Director (Administration) issued a show cause notice dated 12.1.2012 along with the copy of the enquiry report. Reply was sought from the petitioner which he gave on 28.1.2012 denying all the charges levelled against him. Punishment order of dismissal dated 13.4.2012 was passed by respondent No.2.

Against the dismissal order, an appeal was filed before the appellate authority, i.e. the Principal Secretary, Medical & Health, Government of U.P., Lucknow on 11.5.2012. The appeal was decided by way of dismissal, by respondent No.1 vide order dated 24.7.2013.

The punishment order dated 13.4.2012 and the appellate order dated 24.7.2013 were assailed before the State Public Services Tribunal by filing claim petition No.854 of 2014 Jagdish Narayan Katiyar Versus State of U.P. and others on two grounds, firstly, the petitioner has been falsely implicated in the aforesaid case and secondly, the departmental enquiry has not been conducted by the enquiry officer in accordance with Rules of 1999 and in violation of principle justice. The tribunal vide its judgment and order dated 1.7.2015 has allowed the claim petition and set aside the punishment order dated 13.4.20212 and the appellate order dated 24.7.2013, The matter was remanded to the respondents to conduct denovo enquiry from the stage of giving reply to the charge sheet. The operative part of the judgment is extracted below :

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4. By the a