Shubhangi Kulkarni v. State of U.P. and 2 Others

Court No. - 34 Case :- WRIT - A No. - 18208 of 2023 Petitioner :- Shubhangi Kulkarni Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Srivastava,Sr. Advocate Counsel for Respondent :- CSC Hon'ble Ajit Kumar,J.

¶1Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Sunil Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State.

¶2Petitioner is aggrieved by the order dated 09.10.2023 by which a major penalty in the nature of reversion to a lower post has been imposed without considering the reply submitted by him on 27.09.2022 to the show cause notice dated 22.04.2022 that had accompanied the enquiry report.

¶3Sri Khare, learned Senior Advocate has drawn the attention of the Court towards the finding part of the order impugned which is contained in paragraph nos.3 and 4 and submits that although a reference has been made to the reply submitted by the petitioner in the preceding paragraph no.2 but there is no deliberation and discussions upon the pleadings raised by the petitioner in the reply dated 27.09.2022 and hence no consider has been accorded to that.

¶4Learned Standing Counsel on the contrary submits that the petitioner did appear on the last date 17.04.2023 but did not submitted any fresh reply and simply requested that a sympathetic consideration may be accorded to him in the matter. It is further submitted that when the petitioner has nothing to say, whether he was put to notice or not and given appropriate personal opportunity of hearing or not, such order cannot be faulted with.

¶5Having heard learned counsel for the parties and having perused the record, I find two points to be emerging out: firstly that the show cause notice dated 22.04.2022 does not refer to any proposed punishment in the nature of reversion which has ultimately been inflicted upon him. Still further when the petitioner had submitted a detailed reply dated 27.09.2023 raising all possible pleas in her defense countering the findings of the enquiry officer in his report approved in the show cause notice, the same ought to have been deliberated and discussed, but the order impugned is absolutely silent and it is so worth noticing in paragraph nos.3 and 4 of the order, which are reproduced hereunder: "3-

जजजचअधधकजररककजजजचआखयज,

अपचजररअधधकजररककअभयजवकदन,

वयककगतससनवजईतथज

अनयससगतअकभलकखखपरसमयकककवचजररपरजनतअपचजररअधधकजरर(

शरमतरकसलकरर) कककवरद

पचधलतकवभजगरयजजजच/

कजयरवजहरममलगजयकगयककसल18

आररपखममसकआररपससखयज-03,04,06,08,09,10,11,14,15 व16

पपररधसद,

आररपससखयज-02,05,07,12,13 व17

आसकशकरपसकधसदपजयकगयकहह।आररपखककधसदपजयकजजनकककदकषगतशरमतरशसभजसगरकसलकरर

कककवरदपचधलतकवभजगरयजजजच/

कजयरवजहरममदणडकवकनशचयककयजगयज। 4-

शरमतरशसभजसगरकसलकररकककवरदकवकनशशचतककयकगयकदणड"

कनमनतरपदपरसथजकपत

ककयजजजनज"

ककपसतजवपरशजसनककपतससखयज-1/347697/2023,

कदनजसक12 जसलजई, 2023

दजरजउतरपदकशलरकसकवज,

पयजगरजजककसहमकतमजसगरगयर।उतरपदकशलरकसकवजआयरगकक

पतससखयज-1/5/ए.डर.सर./एस-4/2023-24,

कदनजसक27 धसतमबर, 2023

दजरजशरमतरशसभजसगर

कसलकररकककवरदकवकनशशचतदणडपरअपनरसहमकतपदजनककगयरहह।"

¶6Upon a pointed query being made, learned Standing Counsel for the State could not demonstrate any recital from paragraph nos.3 and 4 as noticed above that the consideration was accorded to the representation/reply of the petitioner made on 27.09.2022.

¶7In the circumstances therefore, the action taken by the authority in imposing major penalty of reversion cannot be countenanced being de hors the procedure prescribed for under Rule 9 (4) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999.

¶8At this stage learned Standing Counsel submits that the matter may be directed to be disposed of afresh considering the reply submitted by the petitioner in the past.

¶9Accordingly order dated 09.10.2023 is hereby quashed with a liberty to the respondent to pass order afresh within a reasonable time but this time order shall be well informed one.

¶10Writ petition is allowed. Consequences to follow. Order Date :- 30.10.2023 Deepika High Court of Judicature at Allahabad