SUDHIR AGARWAL,J. - (1.) HEARD Miss Anuradha Sundaram, learned counsel for the petitioner and Sri Vivek Saran, learned counsel appearing for the respondents.
(2.) SINCE the pleadings are complete, as requested and agreed by learned counsel for the parties this writ petition has been heard and is being decided finally under the Rules of the Court at this stage. The petitioner is aggrieved by the order dated 30.03.2007 whereby the Service Manager, U.P. State Road Transport Corporation, Allahabad (hereinafter referred to as the "disciplinary authority") has imposed punishment of withholding of one increment without any cumulative effect for a period of one year and the appellate order dated 18.07.2007 whereby the appeal of petitioner was rejected.
(3.) THE submission in brief of learned counsel for the petitioner is that the inquiry officer found the charges not proved against the petitioner but the disciplinary authority disagreeing with the said finding, without communicating any note of disagreement and without affording any opportunity to petitioner to submit his reply against such disagreement of the disciplinary authority, has passed straightway the impugned order of punishment. The learned appellate authority has also failed to consider this aspect of the matter that before disagreement with the findings of inquiry officer, it was incumbent upon the disciplinary authority to communicate its decision of disagreement to the delinquent employee giving him opportunity to reply the same and only thereafter the order can be passed. She further submitted that on the date of inspection i.e. 03.02.2005 the petitioner was not present in the workshop and was admittedly on leave yet he has been implicated and punished on the allegation that he has been guilty of committing attempt of theft though the disciplinary authority has also not found in the impugned order that the petitioner was present on that day in the workshop. She contended that finding is perverse. It is further submitted that two other employees namely, Sri Satya Prakash Tiwari, Fitter and Sri Arsad Masood, Assistant Mechanic who were present at the time of inspection when certain items were found packed in a plastic pack kept in a position wherefrom could have been taken away out of the workshop but the said incumbents who were also found guilty by the inquiry officer have not been awarded any punishment but only give warning has been administered.;