Neutral Citation No. - 2025:AHC:113379 Court No. - 5 Case :- WRIT - A No. - 6353 of 2025 Petitioner :- Tara Chand Respondent :- Commissioner, Meerut Division And Another Counsel for Petitioner :- Prashant Mishra Counsel for Respondent :- Shashank Shekhar Singh,C.S.C.,Shiv Prakash Gupta Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prashant Mishra, learned counsel for petitioner and Sri Shashank Shekhar Singh, learned counsel for respondents. 2. Petitioner has suffered with a departmental inquiry on basis of an alleged incident took place on 17.06.2017 i.e. about 8 years ago. Finally, punishment order was passed on 23.06.2018 whereby following punishment was given :- "1. ननलमबन अवधध कक ववतन व भतव दवय नहह हहगव। 2. शश तकरक चनद, अननचर कक उक कक तय कव धलयव कडश भतररनक कक जकतश हह और पररनननदक पनवनष पदकन कक जकतश हह, जज इनकक रनवरर बनक मम दजर कक जकयव। 3. यनद भनवषय मम शश तकरक चनद, अननचर दकरक इर पककर कक पननरकवकधत. कक जकतश हह तज उनहम रववक, रव पकथक नकयव जकनव हवतन एक पकशय ननररय धलयक जकयवगक। 4. भनवषय मम शश तकरक चनद, अननचर कज पवतरन खणड, मकननचत अननभकग व अनय महतवपपरर ककयर पर तहनकत नहह नकयक जकयवगक।" 3. Learned counsel for petitioner submits that petitioner thereafter filed a departmental appeal, however, same remained pending for last 7 years and finally it was rejected vide order dated 18.03.2025. Aforesaid both orders are impugned in this writ petition. 4. Learned counsel further submits that proceedings were initiated to impose major penalty and inquiry report was considered by Disciplinary Authority while passing the impugned punishment order. However, neither a copy of inquiry report nor any show cause notice was issued by the Disciplinary Authority. Aforesaid defects were also not taken note by the Appellate Authority. 5. Learned counsel for respondents submits that it is a case of minor punishment, therefore, in terms of Rule 10 of Uttar Pradesh Government Servant (Discipline and Appeal) Rules,1999, there is no need to appoint Inquiry Officer and Disciplinary Authority can consider charge sheet and reply thereof, however, he has not able to convince this Court so far as submission that neither copy of inquiry report nor any show cause notice was issued by Disciplinary Authority before imposing punishment a minor punishment and that impugned punishment order was based on consideration of inquiry report. 6. I have considered above submissions and perused the records. 7. A factor which goes in favour of petitioner ignoring whether there was a procedural lapse in departmental inquiry or not, that punishment order is of dated 23.06.2018 and appeal thereof was decided after 7 years, therefore, effect of punishment, if any, presently does not survive. 8. Accordingly, instead of remitting the matter back at the stage where above referred defect was occurred to recommence the disciplinary proceedings, this writ petition is disposed of that since petitioner has already suffered with minor punishment of adverse entry for last 7 years, therefore, it is directed that its effect will not perpetuate any further and, accordingly, its legal consequence shall follow. Order Date :- 15.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad