DR. DEVENDRA KUMAR ARORA, J. - (1.) Heard Sri R.C. Tewari, learned Counsel for the petitioner and Sri Neerav Chitravanshi, learned Counsel for the respondents.
(2.) Sri Ram Prasad Jaiswal- petitioner has preferred the instant writ petition challenging the validity and correctness of the order dated 21st June, 2008 passed by the Managing Director, U.P. Power Corporation Limited, Lucknow, whereby 5% of the pension has been deducted as punishment for committing certain financial irregularities while working as Divisional Accountant. Later on, through amendment, petitioner has also assailed the order dated 31.8.2009 passed by the Appellate Authority rejecting the appeal preferred by the petitioner against the aforesaid punishment.
(3.) The main contention of the petitioner's Counsel is that the disciplinary proceedings were concluded immediately after submission of reply to the show cause notice dated 28th December, 2007 without fixing any date, time and place of inquiry by the Inquiry Committee and straight away punishment order has been inflicted upon the petitioner by the Competent Authority. Neither any opportunity to examine the witnesses was afforded to the petitioner nor the department had examined any witness to prove the charges levelled against the petitioner.;