The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.

JUDGMENT

Prakash Padia, J.

Heard Shri. Ashok Khare, learned Senior Counsel assisted by Mohd. Yasheen, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the records.

2. The petitioner has preferred present writ petition inter-alia with the following prayers :-

"(i) a writ, order or direction in the nature of certiorari quashing the order dated 01.12.2023 passed by the Commissioner & Secretary, Board of Revenue, UP, Lucknow (Annexure 1 to the writ petition) in so far as it imposes penalty upon the petitioner."

(ii) a writ, order or direction of a suitable nature commanding the respondent not to take any action on the basis of the penalty imposed by the order impugned against the petitioner."

3. The facts in brief as contained in the writ petition is that petitioner was appointed on 01.08.1988 as Collection Amin in the Revenue Department of the State and he is continuing in service. In March, 2016 he was granted promotion as Revenue Inspector and in July, 2022 he was promoted on the post of Tehsildar. The respondent no.2 namely Commissioner & Secretary, Board of Revenue, U.P., Lucknow instituted departmental proceedings against the petitioner and in this view of the matter, petitioner was placed under suspension vide order dated 25.01.2023. The departmental charge-sheet was issued to the petitioner on the same day levelling seven charges against him. The aforesaid charge-sheet relied upon the letters of the Tehsildar, Seorai dated 10.12.2021, 14.12.2021, 16.12.2021, 21.12.2021 and 27.12.2021. The aforesaid charge-sheet refers to letter of Deputy District Magistrate, Seorai dated 13.12.2022. The charge-sheet also refers various documents a reference of which has been made in paragraph 11 of the present writ petition.

4. A detailed reply was submitted by the petitioner on 05.04.2023. Subsequent thereto since no progress was made in enquiry proceedings, representation dated 29.04.2023 was made by the petitioner addressed to the Enquiry Officer. The Enquiry Officer without conducting any enquiry proceedings submitted an enquiry report dated 17.05.2023 holding seven charges levelled against the petitioner to be fully proved. The aforesaid enquiry report was forwarded by the Enquiry Officer along-with covering letter dated 17.05.2023 to the respondent no.2. The copy of the same was supplied to the petitioner by the respondent no.2 vide office order dated 07.06.2023 with an opportunity to the petitioner to file his objections against the same. Petitioner duly submitted objections to the aforesaid enquiry report on 20.07.2023. It is stated in the reply that report was submitted by the Enquiry Officer without conducting any enquiry proceedings hence same is violation of principles of natural justice.

5. On 01.12.2023 an order was passed by the respondent no.2 whereby the enquiry proceedings has been closed by awarding a penalty of with-holding three increments with cumulative effect as also a censor entry. Aggrieved against the aforesaid petitioner has preferred present writ petition.

6. It is argued by counsel for the petitioner that the order impugned is totally arbitrary, discriminatory and in violation of Article 14 of the Constitution of India. It is further argued that the impugned order has been passed in complete violation of the procedure prescribed under U.P. Government Servant (Discipline & Appeal) Rule 1999. Under Rule 1999 there exist a well defined procedure for imposition of major penalty. The procedure specified has not at all been followed. The only action taken by the Enquiry Officer was to issue a departmental charge sheet and obtain reply of the petitioner. No enquiry proceedings whatsoever has been conducted by the Enquiry Officer. The Enquiry Officer did not fix any date, time or place for conducting oral enquiry. No oral evidence has been lead to establish even for proving any of the documents sought to be relied upon against the petitioner.

7. On the other hand learn