SAURABH LAVANIA,J - (1.) Heard Sri Ramesh Singh, learned Counsel for the petitioner and Sri Manjheev Shukla learned Additional Chief Standing Counsel for the State.
(2.) The petitioner has filed this petition under Article 226 of Constitution of India, for the following relief:- "(I) Issue a writ, direction or order in the nature of Certiorari to quash the judgment and order dated 27.11.2018 passed by the State Public Service Tribunal in claim petition no.-474 of 2018, Amresh Chandra Versus State of U.P. and Others, Exparte minor punishment order No.-97/2017 dated 16.9.2017 (?kksj fuUnk) passed by the opposite party no.-4, Appellate order dated 25.1.2018 passed by the opposite party no.-3, contained as Annexure No.-1, 2 and 3 respectively to this writ petition."
(3.) Submission of learned Counsel for the petitioner before this Court is that enquiry report was not provided to the petitioner alongwith the show cause notice and due to unavoidable circumstances, he could not file the reply within stipulated time and in absence of reply the Punishing Authority passed a non speaking order dated 16.9.2017 and as such the same is not sustainable and the Tribunal while dismissing the claim petition has ignored this aspect of the case. The punishment imposed is not provided under the Rules and as such the punishment order is liable to be quashed.;