JUDGMENT :

Heard learned counsel for the parties and perused the record.

2. This appeal is directed against the judgment and order dated 21.3.2023 passed by the learned Single Judge whereby the writ petition has been allowed setting aside the punishment order dated 14.10.2020, the inquiry report dated 11.6.2019 as well as the appellate order, by noticing in one paragraph only that no witnesses were produced by the department to prove the documents which were relied on in the inquiry to prove the allegations of financial irregularities against the writ petitioner. The inquiry itself is found to be vitiated being in violation of Rule 7 of the U.P. Government Servant (Discipline and Appeal) Rules 1999, for the said reason.

3. Sri Swapnil Kumar learned counsel for the appellant, at the outset, urged that a perusal of the inquiry report itself indicates that the writ petitioner, who was posted as the Accounts Clerk in the department concerned namely the office of the Chief Engineer (Projects), himself had admitted that he had submitted a 'Note' for payment to the contractor without completion of the work assigned to him and presentation of detail bills.

4. The 'Note' submitted by the writ p