- (1.) Heard learned Standing Counsel for petitioner and perused the record.
(2.) This is a writ petition under Article 226 of the Constitution of India at the instance of State of U.P. through Principal Secretary, Institutional Finance, (Tax and Registration), Lucknow, whereby it has assailed judgment and order dated 26.04.2011 passed by State Public Service Tribunal (hereinafter referred to as the "Tribunal") in Claim Petition No. 162 of 2008. Tribunal has set aside punishment order dated 01.11.2007 imposing punishment of Censure and withholding of one year's increment for two years temporarily.
(3.) Claimant-respondent was working as Assistant Commissioner, Trade Tax, Lucknow, when he was served with a charge sheet dated 03.09.2005 containing six charges. He denied charges vide reply dated 14.02.2006. One, Joint Commissioner (Executive) Trade Tax was appointed as Inquiry Officer, who submitted report on 31.03.2006 holding charge 3 not proved and charges 1 and 2 partially proved. Show cause notice was issued on 19.04.2006 along with inquiry report which was replied by claimant-respondent on 20.04.2006 and thereafter punishment order dated 01.11.2007 was passed. Tribunal has found that no oral inquiry whatsoever was conducted by inquiry officer by fixing any date, time and place to hold inquiry where department has to be given opportunity to prove charges and thereafter delinquent employee is to be given opportunity to place his defence. Only on the basis of charge sheet and reply submitted by claimant-respondent inquiry report was submitted which ultimately culminated in punishment.;