IMPORTANT POINT
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.

JUDGMENT :

Hon'ble Rajesh Singh Chauhan, J.

1. Heard Sri Gaurav Mehrotra, learned counsel assisted by Ms. Rani Singh and Ms. Maria Fatima, learned counsel for the petitioner and Sri Sandeep Sharma, learned Standing Counsel for the State.

2. By means of this writ petition, the petitioner has prayed for the following reliefs:-

“(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned punishment order dated 15.05.2024 issued by the Respondent No.2, copy whereof is annexed as Annexure No.1 to the writ petition.

(II) to issue a writ, order or direction in the nature of mandamus commanding the Respondents to reinstate the petitioner on the post on which he was working prior to the passing of the impugned punishment order dated 15.05.2024, with all consequential benefits including the arears of difference in salary from the date of passing of impugned punishment order till date of actual reinstatement on the post of Superintending Engineer.

(III) to issue a writ, order or direction in the nature of mandamus commanding Respondents to consider promotion of petitioner from the post of Superintending Engineer to Chief Engineer (Level-II) with effect from the date when promotion has been granted to incumbents’ junior to petitioner ignoring the impugned punishment order dated 15.05.2024 within such time frame as deem proper by this Hon’ble Court.”

3. On the first date of admission, this Court passed an order dated 05.07.2024, which reads as under:-

“1. Heard Sri Gaurav Mehrotra, learned counsel for the petitioner and Sri Prashant Singh Atal, learned C.S.C.-I for the opposite parties.

2. By means of this petition the petitioner has assailed the impugned order dated 15.5.2024 passed by the Principal Secretary, Department of Irrigation, Lucknow, U.P. reverting the petitioner from the post of Executive Engineer to the original post.

3. Sri Gaurav Mehrotra has firstly placed reliance regarding major penalties which have been indicated in Rule 3 referring sub-rule II of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (in short Rules) which provides that the reduction of a lower post, grade or time scale or to a lower grade may be provided to an employee as a major punishment. Sri Mehrotra has stated that as per aforesaid provision of law any employee if found guilty may be reverted to a lower post but not to the original post as there is no prescription of the term 'Original Post'. He has further submitted that in view of Rule 7(iii) of the Rules the charge-sheet shall consist the proposed documentary evidence and the name of the witnesses proposed to prove the same along with oral evidence, if any, but in the charge-sheet no such documentary evidence has been supplied to the petitioner. He has further submitted that after completion of the departmental inquiry by the inquiry officer and the report is submitted before the disciplinary authority, the disciplinary authority may issue show cause notice in terms of Rule 9. In the present case the inquiry officer has earlier exonerated the petitioner from the charges and the disciplinary authority was not agreeable with such findings, therefore, he has given show cause notice but not on the point of disagreement whereas the law is clear that the disciplinary authority may issue a show cause notice, if he is not convinced with the findings of the inquiry officer on the point of disagreement. Not only the above, in the present case a second show cause notice has been issued enclosing therewith one fact finding inquiry report though that material was not supplied to the petitioner with the charge-sheet, therefore, Sri Mehrotra has submitted that the impugned punishment order is unwarranted, uncalled, illegal and arbitrary, therefore, same is liable to be quashed.

4. Learned C.S.C. and Addl. C.S.C. pray for and are granted three weeks time and no more to file detailed counter affidavit.

5. List on 30. 7.2024 as fresh.

6. This matter may be taken up immediately after fresh