HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 1216 of 2022 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Pranjal Singh, learned counsel for petitioner and Sri Sanjay Kumar Om, Advocate for respondents. 2. The Court finds that petitioner has made out a case for interference since it appears that when inquiry report was submitted, the Disciplinary Authority, without issuing show cause notice alongwith inquiry report has passed order of termination at the back of petitioner as well as in violation of principle of natural justice. In this regard the Court takes note of relevant provisions the Employees’ Conduct (Discipline and Appeal) Rules, 1986 and relevant Rules 26(3) and 28 thereof are reproduced hereinafter: “26. Action on the Inquiry Report 3) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in Rule 23 should be imposed on the employee, it shall, n otwithstanding anything contained in Rule 27, make an order imposing such penalty.” “28. Communication of Orders Orders made by the Disciplinary Authority under Rule 26 or 27 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of enquiry, if any.” Versus Counsel for Petitioner(s) : Pranjal Singh, Vineet Kumar Singh, Zain Abbas Counsel for Respondent(s) : A.S.G.I., Purnendu Kumar Singh, Sanjay Kumar Om Abhay Kumar Singh .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 3. From above, the Disciplinary Authority has passed an order ex parte, which prima facie appear to be contrary to principle of natural justice, which has now been settled as law of land. Therefore, the Court is of the opinion that orders passed by Disciplinary Authority and Appellate Authority cannot sustain. 4. In view of above, impugned orders dated 06.08.2021 and 20.12.2021 are hereby set aside. The matter is remitted back to Disciplinary Authority to pass a fresh order after issuing a show cause notice alongwith a copy of inquiry report to petitioner providing two weeks time to file a reply and subsequently a fresh order be passed within eight weeks in accordance with law. It is made clear that at this stage this Court has not entered into merit of case so far as allegations are concerned. 5. The writ petition is accordingly disposed of. September 9, 2025 AK WRIA No. 1216 of 2022 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad