JUDGMENT :

J.J. MUNIR, J.

1. This writ petition is directed against the order dated 24.01.2023 passed by the Chairman, U.P. Power Corporation Limited, Lucknow, revising the order of the Disciplinary Authority suo motu, enhancing the penalty and punishing the petitioner with demotion to the post of a Junior Engineer. Also under challenge is the order dated 28.05.2022 passed by the Managing Director, U.P. Power Corporation Limited, Lucknow, the Disciplinary Authority, punishing the petitioner, after disciplinary proceedings, with the award of a censure and stopping one increment with cumulative effect.

2. The facts giving rise to this petition are these:

The petitioner was a Junior Engineer in the service of the U.P. Power Corporation Limited. He was appointed as such in the year 2007. He was promoted to the post of an Assistant Engineer in the year 2014. After suffering the orders inflicting penalty, the petitioner is working as a Junior Engineer (Meter) with the Electricity Test Division, Purvanchal Vidyut Vitran Nigam Limited, Pratapgarh. The charge, in relation to which disciplinary proceedings were drawn against the petitioner, relates to the time when he was posted as an Assistant Engineer (Meter) in the Electricity Test Division, Purvanchal Vidyut Vitran Nigam Limited, Varanasi (for short ‘the Distribution Corporation’). By an office memo of 11th January, 2021, the petitioner was directed to inspect Single Phase Two Wire Meters (10-60 Amperes) at the establishment of a certain M/s. Secure Meter Limited, Ahmedabad (for short, ‘the Firm’). It appears that the purpose of the aforesaid inspection was to inspect meters that were to be purchased by the Distribution Corporation for installation at the premises of consumers. In order to travel to the destination, the petitioner booked an air passage from Varanasi to Ahmedabad on board Wise Jet Flight (SG-072), bearing PNR No. DSQ FVA, scheduled on 23.01.2021. There is on record a photostat copy of the said air ticket.

3. It is the petitioner’s case that due to bad weather, the flight was cancelled. The fact, about cancellation of the petitioner’s air ticket, was apprised to the representative of the Firm. As the inspection of meters was urgent and the petitioner was finding it difficult to book an air passage at short notice, the representative of the Firm booked a ticket for the air passage on 23.01.2021 from Varanasi to Ahmedabad via New Delhi. A copy of the said air ticket too is on record. Upon reaching Ahmedabad, the petitioner inspected the meters along with one of the representatives of some entity called NPCCL. The petitioner has described that entity as NPCCL with no clue to the abbreviation. It is asserted that he refunded the air fare and cost of the hotel accommodation paid by the Firm’s representative. Upon an inquiry made by the Director (P.M. & A.) vide letter dated 03.11.2021, the authorized signatory of the Firm vide letter dated 25.02.2022 confirmed that no costs of the petitioner’s travel were borne by the Firm. It mentions the fact that the air ticket the petitioner had booked was cancelled due to bad weather and the Firm had to facilitate his journey, besides lodging at Ahmedabad, for which the Firm were paid a sum of Rs.23,902/- by the petitioner, that is to say, for the air ticket and the hotel arrangement. This conduct of the petitioner was found against the service regulations and he was charge-sheeted vide charge-sheet dated 23.07.2021 issued by the Inquiry Committee, that was constituted. The charge-sheet aforesaid was issued to the petitioner by the Inquiry Officer after approval by the Managing Director. The charge-sheet carried the following charges:

4. The petitioner submitted a reply to the charge-sheet. He denied the charge with a plea of confession and avoidance. He admitted getting the ticket through the Firm, but assserted that he inspected the meters according to the prescribed parameters on 23.01.2021 and upon reaching the destination, paid the pri