- (1.) Heard Sri N.D. Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record. The petitioner was imposed major penalty of dismissal by means of order dated 19.2.2010 and thereafter her appeal was also dismissed by order dated 5.10.2010.
(2.) Learned counsel for the petitioner assailed the impugned orders on the ground that dismissal was a major penalty but no oral inquiry was held and after the petitioner submitted reply to charge sheet, the Inquiry Officer submitted inquiry report and thereafter order of punishment has been passed, therefore, it is wholly illegal and in utter violation of principle of natural justice and by ignoring Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the "Rule, 1999") and the same is liable to be set aside.
(3.) In the counter affidavit, with respect to question, whether any oral inquiry was held or not, a vague stand was taken by respondents, though petitioner has specifically averred in paras 36 and onwards of the writ petition that no oral inquiry was held. It is in these circumstances, this Court passed following order on 11.12.2013: 1. The case set up by petitioner is that a major penalty of dismissal has been imposed upon him without holding any oral enquiry. These facts have been stated in the memo of appeal and in para 36 onwards in this writ petition. In para 23 of the counter affidavit, while replying para 36 of writ petition, it is said that petitioner did not ask for cross examination of the witnesses suggesting that witnesses were examined but no date on which oral hearing was fixed by the enquiry officer and details thereof have been mentioned. 2. Let respondents file a supplementary counter affidavit within one week giving details of oral enquiry and whether information of fixing of date of oral enquiry was ever communicated to the delinquent employee or not. Record of enquiry proceedings shall also be produced before this Court for its perusal on the next date. 3. List on 19.12.2013.;