- (1.) Heard learned Standing Counsel for petitioner and perused the record.
(2.) This writ petition has been filed by State of Uttar Pradesh and its authorities challenging judgment and order dated 30.01.2009 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as the "Tribunal") allowing Claim Petition No. 679 filed by claimant-respondent-1, R.K. Tripathi.
(3.) Order of punishment of with holding of two increments with cumulative effect and Censure was passed on 17.09.2004. Thereagainst representation/appeal was rejected vide order dated 09.11.2005. These orders were challenged before Tribunal in aforesaid claim petition which has been allowed and aforesaid orders have been set aside. Though Tribunal has observed that oral enquiry was conducted but we find from record that in the name of enquiry, Enquiry Officer fixed date 01.08.2000 on which he examined the delinquent employee himself and there was no oral enquiry in which department adduced evidence to prove the charge against delinquent employee before Enquiry Officer.;