Sudhir Narain, J. - (1.) This Full Bench has been constituted to answer the following question : "In absence of applicability of Evidence Act to departmental enquiries, on what basis the concepts of "admissibility" or "relevancy" of evidence can be imported into departmental enquiry?"
(2.) The question referred to above arises on the facts given below : "The State of U.P. implemented the recommendations of the Vth Pay Commission Report from 1.1.1996. This report provided that the pay scale of the Government employee shall be fixed on new pay scales. The Government of Uttar Pradesh issued a Government Order dated 6.9.1997 addressing to the Commissioner/Secretary, Board of Revenue, U. P., Lucknow, wherein it was stated that the pay scale of Tehsildars/Apar Tehslldars is being enhanced in the pay scale of Rs. 2,200-4,000 and in the like manner, the pay scales of Naib Tehsildars being Rs. 1,400-2,300 is being enhanced at Rs. 1,640-2,900. In view of the said Government Order, respondent No. 2 issued an order on 29.10.1997 directing all District Magistrates/Commissioners of the State of U. P. to revise the pay scales of Tehsildars and Naib Tehsildars in accordance with the Government Order dated 6.9.1997. In the meantime, the Principal Secretary, Department of Finance, issued Government Order dated 31.12.1997 laying down the guidelines in respect of the Pay Fixation in the revised pay scales. According to the said Government order, it was provided that it will be open to cadre/post-holder to exercise option to opt either revised pay scale of the pay scale existing on 1.1.1996 or opt general revised pay scale of the aforesaid enhanced/modified pay scale from the date on which the pay scale was enhanced/modified."
(3.) The petitioners are alleged to have received the enhanced pay scale. A special audit report was submitted from the office of the District Magistrate, Sultanpur, that the petitioners were getting enhanced salary and not in accordance with the Government order dated 31.12.1997.;