The court emphasized the importance of the Disciplinary Authority considering the respondent's explanation for the charges before imposing a penalty.

JUDGMENT :

VIPIN SANGHI, J.

1. The State has preferred the present Writ Petition to assail the judgment and order dated 31.08.2021, passed by the Uttarakhand Public Services Tribunal in Claim Petition No. 55/NB/DB/2019, preferred by the respondent. The Tribunal has allowed the said Claim Petition, and quashed the minor penalty imposed upon the petitioner, upon his being found guilty of misconduct in respect of one of the seven charges, which were leveled against him, and further directed the Disciplinary Authority to proceed in accordance with law. The petitioners herein were also directed to open the sealed cover envelope in relation to the consideration of the respondent’s case for promotion.

2. The respondent was issued a charge-sheet, leveling seven charges against him. A major penalty inquiry was held against him, and the Inquiry Officer returned findings, finding him guilty in respect of Charge Nos. 2, 4 and 5. The Disciplinary Authority gave an opportunity to the respondent to respond to the Inquiry Report, whereafter, the Disciplinary Authority proceeded to pass the order of penalty. The penalty order passed against the respondent, in its operative part, reads as follows:

^^¼3½ tkap vf/kdkjh }kjk miyC/k djk;h x;h tkap vk[;k] Jh vrqy lseoky }kjk vius cpko esa fn;s x;s Li"Vhdj.k ,oa i=koyh esa miyC/k leLr lk{;ksa@vfHkys[kksa dk lE;d~ ijh{k.kksijkUr Jh vrqy lseoky }kjk mDrkuqlkj dh x;h vfu;ferrkvksa ds lkis{k Jh vrqy lseoky ij muds }kjk ÁHkkjh ftyk f'k{kk vf/kdkjh ¼ekŒ½@ftyk ifj;kstuk vf/kdkjh ¼jelk½] tuin fVgjh xढoky ds in ij jgrs gq, lacaf/kr leUo;dksa dks eksckby Qksu fjpktZ vuqeU; u gksus ij Hkh :i;s 7000@& ds fjpktZ fd;s x;s gSa] ftlls jkT; ljdkj dks foRrh; gkfu gqbZ gS] dk nks"k fl) gksuk ik;k x;k gSA

¼4½ vr% mDr vfu;ferrkvksa gsrq Jh vrqy lseoky] gky&[k.M f'k{kk vf/kdkjh] Fkjkyh] peksyh ¼rRdkyhu ÁHkkjh ftyk f'k{kk vf/kdkjh ¼ekŒ½@ftyk ifj;kstuk vf/kdkjh ¼jelk½] tuin fVgjh xढ+oky½ dks mRrjk[k.M ljdkjh lsod ¼vuq'kklu ,oa vihy½ fu;ekoyh] 2003 ¼;Fkk la'kksf/kr] 2010½ ds v/khu y?kq 'kkfLr ^^ifjfuUnk** Áfof"V Ánku djus ,oa ljdkj dks gqbZ vkfFkZd gkfu :i;s 7000@& dks Jh lseoky ds osru ls iw.kZr% olwy fd;s tkus dh 'kkfLr vf/kjksfir fd;s tkus Jh jkT;iky Lohd`fr Ánku djrs gSaA**

3. From the aforesaid, it would be seen that the Disciplinary Authority was of the opinion that Charge No. 4, in relation to the respondent getting Mobile Phones recharged by expending Rs. 7,000/- without authority was found to have been established. Consequently, he was subjected to minor penalty of censure, and recovery of Rs. 7,000/- from him.

4. The Tribunal has set-aside the order of penalty issued by the Disciplinary Authority on the ground that the same is unreasoned. The explanation of the respondent, in respect of the said charge, which has also been captured in the order of penalty passed by the Disciplinary Authority, has not been considered. The stand of the respondent, in relation to Charge No. 4 before the Disciplinary Authority, was as follows:

^^vkjksi la[;k&4 dk ÁR;qRrj&

ifj;kstuk@foHkkx ds fgr esa ftyk leUo;dksa dks ftys ds lqpk: :i esa lapkyu ,oa lwpukvksa dk vfoyEc lek/kku gsrq miHkksx ds mijkUr fcy ÁLrqr djus ij i=koyh esa fof/kor for vf/kdkjh dh laLrqfr ds mijkUr fd;k x;kA Jh lseoky }kjk O;fDrxr :i ls fnukad 24-06-2016 dks ;g Hkh voxr djk;k x;k gS fd ujsUæuxj fLFkr jelk dk;kZy; esa Qksu miyC/k ugha gksus ds dkj.k lwpuk ,df=r djus gsrq leUo;dksa ds eksckby fjpktZ djk;s x;sA**

5. We have perused the impugned judgment passed by the Tribunal, as well as the order passed by the Disciplinary Authority, imposing minor penalty upon the respondent, and we agree with the findings returned by the Tribunal, that the Disciplinary Authority has not dealt with the explanation furnished by the respondent, which was to the effect that he had obtained ex post facto sanction for recharging the Mobile Phones, as the phones in the office were not functioning, and the Mobile Phones were got recharged so that the office could function. Paragraph nos. 3 and 4