Neutral Citation No. - 2025:AHC:2760 Court No. - 5 Case :- WRIT - A No. - 19979 of 2024 Petitioner :- Anish Kumar Mathur Respondent :- U.P. Power Corporation Ltd. And 3 Others Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- Abhishek Srivastava,Brajesh Pratap Singh Hon'ble Ajay Bhanot,J. Heard Shri Manu Mishra, learned counsel for the petitioner, Shri Abhishek Srivastava, learned counsel assisted by Ms. Kritika Sinha, learned counsel for the respondents No.1 and 2 and Shri Brajesh Pratap Singh, learned counsel for the respondents No.3 and 4. Shri Manu Mishra, learned counsel for the petitioner submits that the major penalty has been imposed by the impugned order dated 26.11.2024 passed by the respondent No.2 without adopting the procedure known to law. No departmental witnesses were produced before the enquiry officer to bring home the charges against the petitioner and the petitioner was never given an opportunity to examine him. Shri Abhishek Srivastava, learned counsel assisted by Ms. Kritika Sinha, learned counsel for the respondents No.1 and 2 fairly submits that departmental witnesses were not produced before the enquiry officer. In the wake of the said submissions these facts are established. The procedure adopted by the respondents in the conduct of the enquiry proceedings is not known to law and the prejudice caused to the petitioner is beyond recalled. Departmental witnesses were liable to be examined before the enquiry officer to bring home the charges against the petitioner in the facts of this case. In this wake, the impugned punishment order dated 26.11.2024 passed by the respondent No.2-Managing Director, U.P. Power Corporation Ltd., Shakti Bhawan, 14-Ashok Marg, Lucknow is liable to be set aside and is set aside. The matter is remitted to the enquiry officer with the following directions: I. The enquiry proceedings shall recommence from the stage of the charge-sheet. II. The list of documents proposed to be relied upon against the petitioner shall be served in advance to the petitioner. III. The enquiry officer shall fix specific dates in the enquiry proceedings and intimate the petitioner about the same in advance. IV. The departmental witnesses shall be produced before the enquiry officer. V. The enquiry officer shall give an opportunity for cross examination of such witnesses to the petitioner. VI. The enquiry shall be completed within a period of four months from the date of receipt of a certified copy of this order. VII. The petitioner is directed to cooperate in the enquiry proceedings. The writ petition is allowed to the extent indicated above. The Court is finding that in a number of cases the departmental enquiries and other proceedings are not conducted as the procedure prescribed by law. The respondent No.2-Managing Director, U.P. Power Corporation Ltd., Shakti Bhawan, 14-Ashok Marg, Lucknow shall ensure that all disciplinary authorities undergo specific training programme for taking out various departmental proceedings including the departmental enquiries. Order Date :- 7.1.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad