- (1.) Heard learned counsels for parties and perused the record.
(2.) The writ petition is directed against the judgment and order dated 10.03.2006 passed by State Public Services Tribunal, Lucknow in Claim Petition No. 362 of 2005 whereby Tribunal has allowed Claim Petition and set aside punishment order dated 21.02.2005 whereby claimant-respondent-1 was dismissed from service.
(3.) Claimant-Respondent-1 was appointed as Junior Engineer in Rural Engineering Service on 25.09.1972. He was promoted as Assistant Engineer vide order dated 15.07.1982. By order dated 22.02.1998 he was placed under suspension but the same was stayed in Writ Petition No. 928 of 1999. Without holding any enquiry, in an illegal manner, claimant-respondent-1 was dismissed from service vide order dated 27.02.2001 which was challenged in Writ Petition No. 7133 of 2001. Vide judgment dated 25.05.2001, writ petition was allowed and dismissal order dated 27.02.2001 was set aside. However, liberty was given to petitioners to hold fresh enquiry in accordance with law. Petitioners preferred Special Leave Petition but the same was also dismissed by Supreme Court on 01.02.2002. Thereafter a fresh charge-sheet dated 28.06.2002 was served upon claimant-respondent-1. Relied on documents, however, were not supplied despite repeated demand by claimant-respondent-1. No oral enquiry was conducted and Enquiry Officer submitted ex-parte report holding charges proved on the ground that petitioner did not submit any reply to the charge-sheet and, therefore, charges levelled are deemed admitted. The enquiry report was supplied to petitioner, who filed reply dated 19.07.2003 whereafter dismissal order was passed on 21.02.2005. Tribunal has set aside the order of dismissal observing that it is a major penalty and without holding oral enquiry, major penalty could not have been imposed.;