JUDGMENT Rakesh Tiwari, J.
1. Heard counsel for the parties and perused the record.
2. The petitioner was suspended by order dated 24.8.2003 passed by respondent No. 3 on certain charges. A departmental enquiry was initiated against him. He was directed to submit his reply to the Enquiry Officer by 7.12.2005 but he could not submit the reply within the time allowed, as such the reply was not taken on record by the Enquiry Officer when it was submitted before him by the petitioner. Subsequently the Enquiry Officer submitted his report on 20th December, 2005.
3. It is alleged that a notice dated 21.12.2005 was issued to the petitioner to show cause as to why he may not be dismissed from service. The petitioner has challenged the enquiry report dated 20.12.2005 as well as the show cause notice dated 21.12.2005 in this petition.
4. The grievance of the petitioner is that even if there was some delay on his part in submitting his reply to the charges during the enquiry proceedings be should have been given a reasonable opportunity to submit his defence in the interest of justice and fair play.
5. It is submitted that he had already sent his reply through departmental courier winch has been received in the office of the Enquiry Officer on 22.12.2005 but the strict view taken by the Enquiry Officer has not only been used as a weapon to defeat justice but has in fact resulted in miscarriage of justice. Me further states that the matter is pending with the Punishing authority and in case the punishment is awarded without looking into his defence he will suffer irreparable loss and injury.
6. In my view, such strict view ought not to have been taken by the Enquiry Officer and the delinquent employee should be given sufficient opportunity to defend his case. If for some reasons the reply has not been submitted by the petitioner within the time allowed by the Enquiry Officer, one more opportunity ought to have been given to him by the Enquiry Officer. However, now as the Managing Director, U.P. Co-operative Federation Ltd., respondent No.3 has given show cause notice in respect of the proposed punishment in the exparte enquiry proceedings concluded by report dated 20.12.2005 by shunting off the defence of the petitioner, it would be in the interest of justice not to condemn the petitioner to gallows without giving him opportunity to defend himself.
7. In the circumstances; the Managing Director, U.P. Co-operative Federation Ltd., respondent No. 3 is directed to consider the written submissions/reply of the petitioner in respect of the charges also while considering the proposed punishment in the show cause show cause notice and pass a reasoned and speaking order in accordance with law within a month from today.
8. With the aforesaid directions, the petition is disposed of finally.