- (1.) Heard learned Standing Counsel for petitioners and Sri Manish Misra, Advocate, for claimant-respondent.
(2.) This writ petition has come up against judgment and order dated 15.09.2014 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") in Claim Petition No. 1265 of 2002 allowing the aforesaid Claim Petition and setting aside order of punishment of dismissal dated 18.07.2001 and appellate order dated 09.7.2003 on the ground that after serving charge-sheet and receiving reply from delinquent employee denying charges, no oral enquiry was conducted by Enquiry Officer by fixing date, time and place and straightway he submitted report where after copy of enquiry report was submitted to delinquent employee and thereafter order of punishment was passed. Tribunal has found that procedure prescribed under Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "Rules, 1999") has not been followed at all.
(3.) Learned Standing counsel could not dispute that no oral enquiry was conducted in the case in hand and this finding recorded by Tribunal cannot be said to be erroneous. He also could not dispute that non holding of oral inquiry before imposing major penalty would vitiate the entire proceeding including order of punishment.;