Hon'ble Judges/Coram:
V.S. Sirpurkar and S.S. Nijjar

JUDGMENT

S.S. Nijjar, J.

1. This appeal has been filed by the State of U.P. challenging the order passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 46 (S/B) of 2005 whereby the High Court allowed the writ petition of the respondent by quashing and setting aside the order of his removal dated 24.12.2004 and further directing his reinstatement in service with all consequential benefits.

2. The respondent had been in the service of the appellant since 17.5.1971. During the period 6.1.2001 to 12.2.2001 and from 17.3.2001 to 28.4.2003 he was posted as Executive Engineer at Construction Division-I, Public Works Department (P.W.D.), Rai Barielly. While functioning at Rai Barielly, he was served with the charge sheet dated 24.2.2001 under Rule 7 of the U.P. Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as 1999 Rules) making serious allegations of misconduct against him.

3. The respondent having been initially selected through the Lok Sewa Ayog, U.P. was appointed as an Assistant Engineer in the Public Works Department on 17.5.1971 in a substantive capacity. In due course he was promoted as Executive Engineer.

4. We may notice here that the 1999 Rules have been promulgated by the Governor of U.P. in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. The Rules prescribe detailed procedure to be followed in matters of enforcing discipline and imposing penalties/punishments against government servants in U.P., in cases of proven misconduct. Rule 3 gives a list of minor and major penalties that may be imposed by the appointing authority on the government servants. Removal from service is a major penalty. Rule 4 provides that the government servant may be suspended in case an enquiry is contemplated against him. In the present case, the respondent was suspended on 5.2.2001 prior to the issue of the charge sheet dated 24.02.........