3. Sri Gaurav Mehrotra has firstly placed reliance regarding major penalties which have been indicated in Rule 3 referring sub-rule II of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (in short Rules) which provides that the reduction of a lower post, grade or time scale or to a lower grade may be provided to an employee as a major punishment. Sri Mehrotra has stated that as per aforesaid provision of law any employee if found guilty may be reverted to a lower post but not to the original post as there is no prescription of the term 'Original Post'. He has further submitted that in view of Rule 7(iii) of the Rules the charge-sheet shall consist the proposed documentary evidence and the name of the witnesses proposed to prove the same along with oral evidence, if any, but in the charge-sheet no such documentary evidence has been supplied to the petitioner. He has further submitted that after completion of the departmental inquiry by the inquiry officer and the report is submitted before the disciplinary authority, the disciplinary authority may issue show cause notice in terms of Rule 9. In the present case the inquiry officer has earlier exonerated the petitioner from the charges and the disciplinary authority was not agreeable with such findings, therefore, he has given show cause notice but not on the point of disagreement whereas the law is clear that the disciplinary authority may issue a show cause notice, if he is not convinced with the findings of the inquiry officer on the point of disagreement. Not only the above, in the present case a second show cause
