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2014 (5) TMI 1233 - HC - Indian LawsImposing a punishment of reduction to the minimum/initial pay scale of Executive Engineer which is a major punishment under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 - absence of any enquiry, including oral enquiry, by the enquiry officer - violation of principles of natural justice (audi alterem partem) - HELD THAT:- Cases, involving serious charges of financial irregularities and misconduct where the amount involved runs into lacs and crores, are allowed, only on the ground that no enquiry has been held as per law. It is high time the respondents woke up to this situation. Apathy in such matters not only results in guilty officers/employees getting away with their misdeeds to the detriment of the department and the common man but it also leads to unnecessary litigation before the Courts adding to their burden resulting in waste of time, energy and money. Much of the aforesaid wastage can be avoided if the State Government looks into the matter and issues necessary directions to the disciplinary authority and where it is itself the disciplinary authority, it should ensure that at the time of appointing an enquiry officer, he should be informed in writing about the procedure required to be followed by him under law for holding an enquiry so that there may be no procedural irregularity. If need be, the opinion of the Law Department can also be taken in this regard. The State Government is directed to take necessary action in this regard. In the instant case, it is found that the charges against the petitioner were very serious but no enquiry has been held by the Enquiry Officer, therefore, the impugned order of punishment, passed on the basis of such an enquiry report, cannot be sustained for this reason alone. This leaves us with no other option but to quash the punishment order. The same is, accordingly, quashed. Petition allowed in part.
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