- (1.) Heard learned Counsel for the petitioner and perused the record. The petitioner has been imposed with penalty of reduction in pay-scale by placing him at the lowest of the pay-scale and withholding arrears of salary for the period of suspension, by impugned order of punishment dated 23.2.2000, passed by Deputy Collector, Mohammadabad, District -Ghazipur. The appellate order dated 17.5.2004, passed by Collector, Ghazipur, dismiss petitioner's appeal against above order of punishment, giving rise to present writ petition under Article 226 of the Constitution of India.
(2.) The learned Counsel for petitioner contended that after service of charge sheet and submitting reply thereto by petitioner, the enquiry officer did not conduct any oral enquiry, whatsoever, and submitted his report straightaway, holding petitioner guilty and consequent punishment order had been passed. The Counsel for petitioner urges that entire proceedings have been conducted in utter violation of principles of natural justice, since oral inquiry is must.
(3.) It is evident from the record that charge sheet dated 17.10.1999, was served upon petitioner levelling five charges. Petitioner submitted reply dated 12.11.1999, denying all the charges. Thereafter no date for oral enquiry was fixed. The enquiry officer straightaway submitted report dated 30.12.1999, holding petitioner guilty of all charges.;