The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.

JUDGMENT :

Attau Rahman Masoodi, J.

(1) Heard Sri Vimal Kumar Srivastava, learned Additional Advocate General assisted by Sri Praful Kumar Yadav, learned Additional Chief Standing Counsel appearing for the applicants/appellants and Sri S.C. Mishra, learned Senior Advocate assisted by Sri Raj Kumar Pandey, learned counsel appearing for the sole respondent on the application for condonation of delay in Special Appeal No. 930 (D) of 2003, as the appeal has been filed beyond time by five days, as reported by the Office.

(2) Learned Counsel appearing for the respondents submits that he has no objection, if the application for condonation of delay is allowed.

(3) In view of above, the application for condonation of delay (C. M. Application No.1 of 2023 moved in Special Appeal No. 930 (Defective) of 2023 is allowed and the delay in filing the special appeal is hereby condoned. Office is directed to allot regular number to the appeal.

On the memo of appeals

(4) Heard learned counsel for the respective parties in both the Special Appeals.

(5) Special Appeal No. 537 of 2023 is directed against the judgment and order dated 31.10.2023 passed in Writ-A No. 4705 of 2023, Dr. Ram Chandra Pathak v. State of U.P. and others , whereby the writ petition filed by the respondent No.1/petitioner, challenging the inquiry report dated 05.04.2021 and punishment order dated 31.05.2023, has been allowed with a direction to the State-authorities to hold a review Departmental Promotion Committee (D.P.C.) for consideration for promotion of petitioner/respondent No.1 along with appellant/opposite party No.4/in Special Appeal No. 537 of 2023 on the post of Additional Cane Commissioner, Department of Sugar Industries and Cane Development ignoring the impugned punishment order dated 31.05.2023.

(6) The State has also filed its Special Appeal No. 930 (D) of 2023 assailing the judgment and order dated 31.10.2023 passed in Writ-A No. 4705 of 2023, Dr. Ram Chandra Pathak v. State of U.P. and others .

(7) Since both the Special Appeals are directed against the judgment and order dated 31.10.2023 passed in Writ-A No. 4705 of 2023, they are being decided by a common judgment and for the purpose of disposal, the contents made in Special Appeal No. 537 of 2023 are being considered.

BRIEF FACTS

(8) The case has chequered history. The respondent No.1/petitioner (Dr. Ram Chandra Pathak) in Special Appeal No. 537 of 2023 had joined the services on the post of District Cane Officer on 01.01.1999 and later on he was promoted on the post of Deputy Cane Commissioner in the year 2012 and on the post of Joint Cane Commissioner in the year 2015.

(9) While he was discharging his duties on the post of Joint Cane Commissioner, vide order dated 20.09.2015, respondent No.1/ petitioner was sent on deputation as Chief Cane Development Officer to the U.P. Co-operative Sugar Mills Federation Limited, Lucknow for five years, whose term came to an end on 27.09.2020. Thereafter, he was attached in the aforesaid Office vide order dated 19.11.2020 till closure of crushing season 2020-2021 or till issuance of Government Order, whichever was earlier.

(10) While he was on deputation, the respondent/petitioner was required to be a Member of Selection Committee as an expert alongwith four other members for selection on the post of Cane Officer. On the complaints moved by thirteen different persons alleging irregularities, the State Government constituted three member committee for conducting a fact finding inquiry and the said Committee submitted its report on 31.07.2017. In the meantime, in compliance of the order dated 19.08.2018 sent by the Ministry of Agriculture a