Neutral Citation No. - 2025:AHC:56440 Court No. - 6 Case :- WRIT - A No. - 4865 of 2025 Petitioner :- Manoj Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioner and Mrs. Raj Lakshmi Sinha for respondents 2. Petitioner has suffered a departmental inquiry that he remained absent without any application. Though a belated application was filed on portal which was later on sanctioned. An inquiry was conducted, but copy of it was not supplied to the petitioner. Even, no show cause notice was issued to the petitioner. A copy of inquiry report was obtained by the petitioner under Right to Information Act and he refers operative part of it which is filed along with supplementary affidavit and same is taken on record. For reference, operative part of inquiry report is reproduced hereinafter: "अततः उपररोक्त जजजाँच आख्यज अननुसजर शश्री मनरोज कनु मजर यजदव इइं०प्र०अ० पपू०मज०वव० हमश्रीरपनुर रूरू वव०ख० एरवजकटरज दजरज समय ससे वचवकत्सश्रीय अवकजश कज आनलजइन आवसेदन न करनसे एवइं ववभजगश्रीय वनदरशशों कसे पजलन मम वशथथिलतज बरतनसे पर भववष्य मम इस प्रकजर ककी पनुनरजववृथत्ति न करनसे हसेतनु कठरोर चसेतजवनश्री वनगरत करतसे हहयसे सवसेतन बहजल करनसे ककी सइंस्तनुवत ककी जजतश्री हहै।" 3. Learned counsel for the petitioner by referring impugned punishment order dated 4.2.2025 submitted that above referred conclusion was not even taken note of and has considered allegations, not being part of charge-sheet also that he was not taking interest in imparting education and has not distributed milk and fruits in the mid day meal. 4. Learned counsel for the petitioner submitted that now days a unique way of passing orders is being adopted by B.S.A. concerned under the heading of 'Speaking Order Ka Saraansh'. For reference, same is reproduced hereinafter: "स्पश्रीवकइं ग आररर कज सजरजइंश खण्र वशकज अथधिकजरश्री अजश्रीतमल जजजाँच अथधिकजरश्री दजरज प्रस्तनुत ककी गयश्री आख्यज वदनजइंक 14.11.2024 कसे दजरज उपलब्धि करजयश्री गयश्री आख्यज मम एवइं पपूवर मम जजरश्री वनलम्बन आदसेश ससे स्पष्ट हहै वक मनरोज कनु मजर यजदव स०अ० पपू०मज० वव० हमश्रीरपनुर रूरू वशकण कजयर एवइं ववदजलय सम्बन्धिश्री कजयरइं मसे रूवच न लसेनसे वबनज सपूचनज कसे ववदजलय ससे अननुपसस्थित रहनसे एम०रश्री०एम० मम फल व दपूधि न ववतरण करनसे, ववभजगश्रीय वनदरशशों ककी अवमजननज करनसे कसे आवद हहै। अधिरोहस्तजकरश्री कजयजरलय कसे पतजइंक ब०आ० /13124- 32/2023-24 वदनजइंक 27.02.2024 दजरज शश्री मनरोज कनु मजर यजदव स०अ० ककी 02 अस्थिजयश्री वसेतन ववृवद्धि अवरूद्धि करतसे हहयसे बहजल वकयज गयज हहै।" 5. Learned counsel for the petitioner also submits that order to attach petitioner to a different college be also set-aside. 6. Learned counsel for the respondents has not been able to dispute that procedure as prescribed under Rule 9 of The Uttar Pradesh Government Servant (Discipline & Appeal) Rules, 1999 was not followed, since no show-cause notice accompanied with an inquiry report was submitted to the petitioner and without considering the outcome of inquiry, punishment of withholding two increments on temporary basis was passed. 7. I have considered the above submissions and perused the records. 8. As referred above, due procedure was not followed. Normally, when there is a default, in the procedure of departmental inquiry matter can be remanded to commence inquiry from the said point. However, facts of present case do not warrant that matter be remanded. 9. On basis of above referred facts, Court is of opinion that on the face of it, impugned punishment order is not only illegal, but punishment imposed is disproportionate also since charges levelled against the petitioner are not so grievous and that within few days, application for granting medical leave was submitted which was sanctioned on 3.10.2024 also, therefore, only error on behalf of petitioner was not to submit it within a short period on portal as required, but it does not warrant such nature of punishment i.e. withholding of two increments on temporary basis. The concerned respondent has illegally taken note of other allegations despite not being a part of charge-sheet. 10. Court also deprecates the way of passing orders under the heading of 'Speaking Order Ka Saraansh'. 11. An order has to be passed with reasons, though may in brief, but it does not mean that without any detail order, a brief of it is mentioned in the final order. 12. Court takes note of orders passed against the concerned B.S.A. in the case of Writ-A No.4774 of 2025, Neutral Citation No.- 2025:AHC:55519, where similar nature of orders were set-aside. 13. In the aforesaid circumstances while exercising power under Article 226 of the Constitution of India, impugned order is interfered with, punishment order is modified and petitioner is directed to remain cautious in future while submitting his application on portal and to discharge his duties diligently. 14. Concerned B.S.A. is put on caution that in future he or she should remain diligent and pass orders having reasons and not under the heading of 'Speaking Order Ka Saraansh' which on the face of it appears to be passed without application of mind. 15. Since the Court is encountered with such type of orders frequently, therefore, a copy of this order be sent to the Secretary, Basic Education Government of U.P. Lucknow to communicate it to Basic Shiksha Adhikaris of all Districts in the State of U.P. and in case such nature of orders come before this Court in future, it may invite adverse order against concerned B.S.A. 16. With aforesaid direction, this writ petition is disposed of. Order Date :- 17.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad