CWP (T) No. 7561 of 2008. 14.5.2009 Present: Mr. Tek Chand Sharma, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Vikas Rathore, Dy.A.G. for the respondents. The disciplinary proceedings were initiated against the petitioner vide memorandums dated 5.10.1996 and 21.5.1997. Inquiry Officer was appointed in the proceedings initiated vide memorandum dated 5.10.1996. He submitted the report to the Disciplinary Authority. A bare perusal of the report Annexure P-3 reveals that the petitioner was exonerated of all the charges leveled against him by the Inquiry Officer. However, still the Disciplinary Authority has imposed the penalty of censure upon the petitioner. The Disciplinary Authority could not impose the penalty once the petitioner has been exonerated by the Inquiry Officer. In case the Disciplinary Authority wanted to differ from the inquiry report, he had to record tentative reasons and thereafter, the notice was required to be served upon the petitioner. In the present case, it is not borne out from the records that this procedure was followed by the Disciplinary Authority. The disciplinary proceedings initiated on the basis of memorandum dated 21.5.1997 as per the statement of learned Senior Additional Advocate General based on records produced in the Court were dropped. Accordingly, in view of the observations made hereinabove, the imposition of penalty upon the petitioner is declared illegal. Accordingly, the writ petition is allowed. Annexure P-1 is quashed and set aside. No costs. (Rajiv Sharma), J. May 14, 2009. (cr)