Neutral Citation No. - 2025:AHC-LKO:3517-DB Court No. - 1 Case :- WRIT - A No. - 7218 of 2024 Petitioner :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Food And Civil Supplies Lko. And Another Respondent :- Brij Nath Rai (Dead) Thru His Legal Representatives Shakuntala And Others Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Sridhar Awasthi,Manish Mishra Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the State and Sri Sridhar Awasthi, learned counsel who has put in appearance on behalf of opp. party No. 1. 2. It is an admitted case before us that the copy of the inquiry- report was not furnished to the delinquent employee before passing of the punishment order withholding three annual increments for five years, censure entry and recovery of an amount of Rs. 3,42,025.00. 3. Learned counsel for the State has also submitted that for the resultant loss, which was partly attributable to the negligence on the part of respondent-employee, who is no more, a suit for recovery has already been instituted against the Rice Miller due to his failure to perform the work contract of storage of paddy. 4. Having regard to the fact that the inquiry-report was not furnished to the delinquent employee before passing of the punishment order, by itself vitiates the impugned action, which cannot be revived after his death, therefore, it is pointless to remit the matter for fresh inquiry. 5. The judgment passed by the learned Tribunal under these circumstances deserves to be sustained, however, no benefit of this order shall accrue to the Rice Miller against whom the recovery-proceedings are pending in a separate suit. The writ petition is accordingly dismissed. (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 20.1.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench