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14. Having considered the rival contention of learned counsel for the parties and on perusal of the record we find that the submissions of learned counsel for the petitioner have substance and deserve to be accepted.

15. So far as attack against advice of the U.P. Public Service Commission dated 22nd September, 2008 to the State Government for realising the alleged loss caused to the Government in the tune of Rs.19,303/- from the petitioner is concerned, it is to be noted that U.P. Public Service Commission is independent body constituted under Article 315 of the Constitution of India and is Constitutional functionary. Under Article 320 of the Constitution the functions of Public Service Commissions have been enumerated which inter alia under Clause (3) (c) provides that the Union Public Service Commission or the State Public Service Commission, as case may be, shall be consulted on all disciplinary matters affecting a person serving under the Government of India or the Government of State in civil capacity including memorials or petitions relating to such matters and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor of the State, may refer to them.