- (1.) Heard learned Standing Counsel for petitioners and Sri Rajnish Kumar, Advocate for respondent no. 1.
(2.) This writ petition is directed against judgment and order dated 19.05.2016 passed by State Public Service Tribunal (hereinafter referred to as the "Tribunal") in Claim Petition No. 2098 of 2015. Tribunal has allowed aforesaid claim petition and set aside order of punishment dated 02.02.2015, whereby claimant-respondent no. 1 was imposed punishment of withholding of tw increments temporarily.
(3.) Tribunal has found that regular departmental inquiry under Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the "Rules, 1999") was initiated by serving charge sheet dated 11.07.2014 upon claimant-respondent no. 1. Same was replied by him denying charges and requesting authorities to exonerate him. Inquiry Officer then fixed 14.08.2014 for oral inquiry on which date none appeared and instead Inquiry Officer proceeded as if the charges levelled in charge sheet are deemed proved and it is for claimant-respondent no. 1 to disprove the same. On 14.08.2014 Inquiry Officer required claimant-respondent no. 1 to give his statement, pursuant whereto he submitted that whatever reply he submitted to charge sheet, should be treated as his statement. No further date for oral inquiry was fixed and instead Inquiry Officer submitted report, pursuant whereto impugned order of punishment has been passed.;