Neutral Citation No. - 2025:AHC:42309 Court No. - 4 Case :- WRIT - A No. - 3559 of 2025 Petitioner :- Jitendra Kumar Deekhit Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Rohit Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 28.02.2025, whereby, he has been awarded punishment in the nature of adverse entry of censure in his character roll. The contention advanced by learned counsel for the petitioner is that after petitioner was served with show cause notice dated 13.12.2024 that carried proposed minor punishment in the nature of awarding an adverse entry of censure, he had submitted a detailed reply, copy whereof has been brought on record as Annexure no. 5 to the writ petition. However, he submits that there is no whisper of the reply given by the petitioner in the order impugned. Upon a pointed query being made, learned Standing Counsel submits that petitioner has an alternative efficacious remedy of appeal and it is still open for the petitioner to take the said ground before the appellate authority and therefore, in the circumstances, the petitioner ought to have availed the remedy of statutory appeal in the first instance. However, he could not satisfy the Court as to whether there was any consideration of the reply of the petitioner made to the show cause notice. Having heard learned counsel for the respective parties and having perused the records, all that I find is that in the order impugned though it refers to the reply submitted by the petitioner but it fails to consider any of the paragraphs in the long reply submitted by the petitioner to the show cause notice dated 05.02.2025. The relevant portion which can be said to be the reasoning given in the order, impugned herein this petition, is reproduced hereunder: "उपररोक्त ककारण बतकाओ नरोटटिस मय पकारममम्भिक जकाजाँच आख्यका ककी पटत आररोपप टनरपक्षक शप जजततेन्द्र कक मकार दपजखित दकारका टदनकानांक 17-12-2024 करो पकाप्त ककी गयप, जजसकते पत्यकत्तर मम आररोपप टनरपक्षक दकारका अपनका जलिजखित स्पषपकरण टदनकानांकक-05-02-2025 करो ककायकार्यालिय मम पकाप्त करकायका गयका हहै। आररोपप टनरपक्षक दकारका पस्तकत अपनते जलिजखित स्पषपकरण मम आररोपपों कते सकापतेक्ष ऐसका करोई महत्वपपूणर्या ठरोस सकाक्ष्य/आधकार पस्तकत नहप टकयका गयका हहै , जजसकका उसते करोई लिकाम्भि टदयका जका सकते अथवका उसकते बचकाव मम सहकायक जसद्ध हरो सकते , अथकार्यात आररोपप टनरपक्षक शप जजततेन्द्र कक मकार दपजखित , दकारका पतेटषित स्पषपकरण बलिहपन हहै।" It is settled principle of law that principles of natural justice are not to be taken as empty formality and once a reply is submitted to the show cause notice, it is a duty of the authority taking decision in the mater to give a thoughtful consideration to the reply. In the recitals as have been produced herein above that form part of the order impugned, it is apparent that there is no whisper as to any of the explanations offered to the three charges by the petitioner in his reply. The matter therefore, deserves to be remitted to the authority to decide afresh again. In such circumstances, therefore, the petition succeeds and is allowed. The order dated 28.02.2025 passed by the competent authority namely the Deputy Commissioner, Ghaziabad awarding the entry of censure, may be by way of minor punishment, is hereby quashed. The matter is remitted to the authority concerned to decide afresh giving thoughtful consideration to the reply submitted by the petitioner. An appropriate decision shall be taken within a month of presentation of certified copy of this order. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 24.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad