Neutral Citation No. - 2025:AHC-LKO:9165 Court No. - 5 Case :- WRIT - A No. - 1481 of 2025 Petitioner :- Mangal Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Irrigation And Water Resources Deptt. Lko. And Another Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- C.S.C.,Jogendra Nath Verma Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Shri Jogendra Nath Verma, learned counsels for the respondents. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. Under challenge are the orders dated 27.05.2021 and 30.10.2024, copies of which are annexures 1 and 2 to the writ petition. Vide order dated 27.05.2021 the petitioner has been awarded punishment of recovery, withholding two increments permanently and a censure entry had also been recorded. Vide order dated 30.10.2024 upon an appeal being filed by the petitioner the punishment has been maintained with regard to recovery and censure entry while the punishment of withholding of increment had been set aside. Being aggrieved the instant writ petition has been filed. 4. This Court vide the order dated 05.02.2025 had required Shri Jogendra Nath Verma, learned counsel for the respondents no. 2 to seek instructions as to whether any date, time and place had been fixed in the inquiry proceedings to which Shri Verma on the basis of instructions sent by the respondent no.2 dated 11.02.2025 states that while passing the impugned order of punishment no date, time and place of inquiry had been fixed although an opportunity of hearing had been given to the petitioner while deciding the appeal. 5. Merely because the petitioner had been given opportunity of hearing while hearing the appeal, the same would not cure the initial defect as had crept in the order of punishment whereby no date, time and place of inquiry had been fixed during the course of inquiry. 6. Keeping in view the aforesaid, the writ petition is allowed. The orders impugned dated 27.05.2021 and 30.10.2024, copies of which are annexures 1 and 2 to the writ petition, are quashed. 7. The respondents shall proceed with the inquiry afresh from the stage of issuance of chargesheet and conclude the same in accordance with law within a period of three months from the date of receipt of a certified copy of this order. 8. Needless to mention that the petitioner shall cooperate with the inquiry proceedings. In case of non-cooperation, letter shall be issued by the inquiry officer indicating non-cooperation of the petitioner and the number of days on which the petitioner does not cooperate shall be excluded from the aforesaid time period. Order Date :- 12.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench