SUDHIR AGARWAL,J. - (1.) Heard learned Standing Counsel for the petitioner and perused the record.
(2.) Punishment of Censure, withholding of one annual increment for one year and recovery of Rs. 16764 has been quashed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") vide judgment and order dated 07.03.2011 passed in Claim Petition No. 1197 of 2009 on the ground, when charge sheet was issued for major penalty, inquiry was to be conducted under 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the "Rules, 1999") following the procedure prescribed for imposing major penalty but said inquiry has not been conducted.
(3.) Admittedly In the present case no oral inquiry was held, hence entire proceeding is illegal and barred by principle of natural justice. This Court may usefully to refer a discussion on this issue by recent judgments of Supreme Court and a series of decisions of this Court.;