Neutral Citation No. - 2025:AHC:114195 Court No. - 52 Case :- WRIT - A No. - 9521 of 2025 Petitioner :- Brij Kishor Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Sanjay Kumar Srivastava, learned counsel for the petitioner, Mr. Hare Ram, learned Standing Counsel for the State- respondent no.1 and Sri Ashish Kumar Singh, learned counsel for respondent nos.2 and 3. 2. The present writ petition has been filed with a prayer to quash the impugned order dated 05.05.2025 as well as order dated 28.06.2025 passed by respondent no.3. 3. Learned counsel for the petitioner submits that the petitioner is presently working as Assistant Teacher in Junior High School, Ettmadpur Composite, Block-Ettamdpur, District-Agra. The petitioner was placed under suspension by order dated 05.05.2025 after which punishment order was passed on 28.06.2025. He further submits that the punishment order has been passed without providing a copy of the inquiry report to the petitioner or giving him an opportunity to be heard, therefore, the impugned order is illegal, arbitrary and bad in the eyes of law and liable to be quashed. 4. Learned Standing Counsel for the State-respondent no.1 as well as learned counsel for the respondent nos.2 & 3 could not dispute the aforesaid fact. 5. In the aforesaid circumstances, I find merit in the argument of learned counsel for the petitioner that since ex-parte inquiry report was submitted on 03.06.2025 and order of punishment was passed on 28.06.2025, 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. 6.In that view of above, the orders impugned dated 05.05.2025 and 28.06.2025 cannot be sustained and are set aside. However, it is directed that respondent no.3 will provide a copy of inquiry report alongwith show cause notice to the petitioner within a period of two weeks from today. Petitioner will file reply to it within a period of four weeks thereafter and final decision will be taken by the said respondent within a period of four weeks. 7. With the aforesaid observation/direction, this writ petition is allowed. Order Date :- 15.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad