Neutral Citation No. - 2025:AHC-LKO:40368 Court No. - 5 Case :- WRIT - A No. - 879 of 2021 Petitioner :- Awadhesh Kumar Tiwari Respondent :- U.P. State Food And Essential Commodities Corp Thru. M.D.Andors. Counsel for Petitioner :- Ankit Pande Counsel for Respondent :- C.S.C.,Kaushlendra Tewari,Mrityunjay Pratap Singh,Shreeprakash Singh Hon'ble Abdul Moin,J. Heard the petitioner who appears in person, Shri Kaushlendra Tewari, learned counsel for the respondents no. 1 to 3 and learned Standing Counsel for the respondent no.4. Under challenge is the appellate order dated 25.11.2020, a copy of which is annexure 1 to the writ petition, whereby the appeal filed by the petitioner has been rejected. Also under challenge is the punishment order dated 29.06.1995, a copy of which is annexure 2 to the writ petition, whereby the petitioner has been dismissed from service. The chargesheet dated 02.12.1992, a copy of which is annexure 11 to the writ petition, had been issued to the petitioner with respect to various charges. After due inquiry the petitioner was issued with a show cause notice dated 05.04.1995, a copy of which is annexure 16 to the writ petition, and was asked to submit his reply. The petitioner submitted detailed reply on 22.05.1995, a copy of which is annexure 17 to the writ petition. The disciplinary authority vide order impugned dated 29.06.1995 has dismissed the petitioner from service. So far as reply to show cause notice is concerned the disciplinary authority has recorded that in reply to the show cause notice given to the petitioner he failed to submit any facts so as to have any adverse effect on the charges levelled against him. Once the respondents on their own accord had required the petitioner to submit reply to show cause notice that had been given to him alongwith inquiry report and the petitioner in fact did submit a detailed reply on 22.05.1995 as such even if the reply did not have any force even then the disciplinary authority was required to consider the said reply though it was always open for him to reject the said reply on the grounds that may have prevailed upon him. However rejection of reply in a cursory and cryptic manner as has been done by the disciplinary authority cannot be said to be the correct approach in the eyes of law. The appellate order being also based on dismissal order dated 26.06.1995 as such also cannot be said to be correct in the eyes of law. Keeping in view the aforesaid discussion, the writ petition is partly allowed. The orders impugned dated 25.11.2020 and 29.06.1995, copies of which are annexures 1 and 2 to the writ petition, are quashed. The disciplinary authority is directed to pass a fresh order after considering reply of the petitioner dated 22.05.1995. Let such an order be passed within a period of three months from the date of receipt of certified copy of this order. Order Date :- 15.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench