Arun Tandon, J. - (1.) Petitioner Ashok Kumar Yadav, who was employed as Collection Amin in Tehsil Phoolpur, district Azamgarh, was served with a charge sheet dated 16th February, 2003. Petitioner submitted his reply to the same vide letter dated 28.4.2003. The enquiry officer is alleged to have submitted its report dated 20.5.2003, where under he found, the charges levelled against the petitioner to be proved. On the basis of the enquiry report so submitted, the District Magistrate, Azamgarh proceeded to pass the impugned order of punishment dated 10th July, 2003, whereby following punishments have been imposed: (a) Petitioner is reinstated at the initial of the pay scale, (b) for the period of suspension petitioner may not be paid anything over and above the subsistence allowance, and (c) censer entry is awarded to petitioner.
(2.) On behalf of the petitioner it is contended that reduction to the initial of the pay scale is a major penalty in view of the provisions of Rule 3 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. Therefore, it is but necessary for the respondents to have forwarded the enquiry report to petitioner and to have afforded an opportunity to controvert the findings recorded therein by the enquiry officer. Therefore, the impugned order cannot be legally sustained.
(3.) Standing Counsel on the other hand submits that under the impugned order only minor penalty has been imposed and therefore it is not necessary to forward the enquiry report to petitioner and to have afforded opportunity in that regard.;