- (1.) Sri V.K. Singh, learned counsel for petitioner, learned Standing Counsel for respondent no.1 and Sri V.P. Varshney, learned counsel for respondent no.3., are present.
(2.) Sri Singh, learned counsel appearing for petitioner contended that substantial allegations, which is a part of charge-sheet in which two charges were found but same was not found proved by inquiry officer in his report dated 21st August, 2006.
(3.) Principal Secretary, Excise without showing or expressing his disagreement with inquiry report, issued a show cause notice dated 23rd April, 2007 stating that though inquiry officer accepted reply given by petitioner but it should not have been accepted. Neither findings of disagreement were not recorded by disciplinary authority nor reason for disagreement given in the notice. Therefore, petitioner was given opportunity to submit reply in respect of said disagreement of disciplinary authority and entire proceeding from the stage of show cause notice are illegal.;