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Neutral Citation No. - 2025:AHC:41663 Court No. - 6 Case :- WRIT - A No. - 3490 of 2025 Petitioner :- Ashutosh Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Krishna Mishra, learned counsel for the petitioner and Sri Ashish Kumar Singh, for respondent nos.2 and 3.
2. Petitioner is facing serious charges and after inquiry, all the charges were found to be proved in the inquiry report and thereafter the inquiry report was submitted on 27.1.2025 as reflected in the impugned punishment order dated 28.1.2025 whereby one yearly increment was withheld on permanent basis.
3. In the aforesaid circumstances, I find merit in the argument of learned counsel for the petitioner that since inquiry report was submitted on 27.1.2025 and on very next date i.e. 28.1.2025 order of punishment was passed, as such the procedure prescribed under Rule 9 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 was not followed i.e. copy of inquiry report along with show cause notice was not served upon the charged government servant i.e. petitioner herein, therefore, an opportunity to object the outcome of inquiry report was denied to the petitioner, accordingly principles of natural justice was not followed.
4. In the aforesaid circumstances, impugned order dated 28.1.2025 passed by the respondent no.2 is set-aside. However,
it is directed that respondent no.2 will provide a copy of inquiry report alongwith show cause notice to the petitioner within a period of one week. Petitioner will file reply to it within a period of two weeks thereafter and final decision will be taken by the said respondent within a period of four weeks.
5. With the aforesaid observation/direction, this Writ Petition is
disposed of.
Order Date :- 21.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad