Abhay Gohil, J.

In this Writ Petition filed under Article 227 of the Constitution of India. State has challenged the order dated 16-11-2001 passed by the M.P. State Administrative Tribunal. Bench at Gwalior in O.A. No. 582/2000 and has prayed tor issuance of a Writ of Mandamus/Certiorari or any other writ order, or direction in the nature of writ for quashing the aforesaid order.

Brief facts of the case are that Respondent Brijesh Niboria was appointed as Sub Engineer in the Water Resources Department and was posted as Sub Engineer in Sub Division No. 1 Water Resources Department Ambah District Morena in the year 1986. Chief Engineer Yamuna Kacchar Resources Department served a charge-sheet by letter dated 23-12-1991 to the Respondent Brijesh Niboria on the allegations that during the period when he was in-charge Sub Engineer of the Lining work of canal construction and pacca outlet of Chain No. 312 to 467 of Ambah Saghan Development Division No. 1 Porsa District Morena for the period 3-4-1986 to 20-2-1989, he committed certain financial irregularities, which has caused loss of Rs. 54,500/- to the State Government and as such departmental enquiry was proposed to be conducted against the Respondent as well as against one Shri N.K. Jain also. Reply of the charge-sheet was filed and thereafter enquiry was conducted by the Superintending Engineer. Lower Chambal Circle. Gwalior as Enquiry Officer. The Enquiry Officer submitted its report on 2-7-1993. On the basis of enquiry report, the disciplinary authority passed an order of punishment on 20-10-1993 and imposed the penalty of censure on the Respondent. A copy of the order of punishment inflicted on the Respondent was endorsed to the State Government as well as to the Engineer-in-Chief. Immediately after receipt of the copy of the order dated 20-10-1993. the State Government in exercise of the powers conferred under Rule 29 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as 'Rules of 1966'). by order dated 7-4-1994 decided to review the order of punishment dated 20-10-1993 passed by the Chief Engineer. Yamuna Kachhar Water Resources Department. After the service of aforesaid order dated 7-4-1994. a fresh show cause notice dated 16-8-1994 along with copy of enquiry report was served on the Respondent and it was proposed that why the penalty of stoppage of two increments with cumulative effect be not imposed on the Respondent. It is the case of the State Government that after taking into consideration the reply of the Respondent, report of the enquiry officer as well as documents on record, the State Government, who was also the Appellate Authority in the case of the Respondent, decided to impose the punishment of stoppage of two increments with cumulative effect to the Respondent and referred the matter for concurrence to the Public Service Commission as well as to obtain the approval from the Council of Ministers. After receipt of concurrence and approval, the State Government passed an order of punishment dated 4-9-1999. against which the Respondent preferred Original Application before the M.P. State Administrative Tribunal, which was registered as O.A. No. 582/2000. The aforesaid O.A. came up for final hearing on 16-11-2001. On that day learned Counsel for the Respondent Brijesh Niboria took preliminary objection and submitted before the Tribunal that the review order dated 4-9-1999 imposing punishment has not been passed within a period of six months from 22-10-1993. as per the provisions of Rule 29 Sub-rule (1)(iii) of the M.P.C.C.A. Rules, 1966 and the proceedings were not initiated and they were also not completed within six months. Thereafter, considering the preliminary submissions raised by the learned Counsel for the Respondent/applicant Brijesh Niboria, the learned Tribunal upheld the submissions, allowed the petition and quashed the impugned order of punishment dated 4-9-1999. which was Annexure A/9 in the O.A.,