G.B.PATTANAIK, B.N.AGARWAL
State Of U. P. – Appellant
Versus
Harendra Arora – Respondent
Yes, this principle is affirmed in the document.
In disciplinary proceedings governed by procedural rules like Rule 55-A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (as amended by U.P. Government), the requirement to furnish a copy of the enquiry report to the delinquent is mandatory but procedural in nature. Non-compliance does not automatically invalidate the enquiry, punishment order, or dismissal unless the delinquent demonstrates actual prejudice, such as inability to submit an effective show-cause reply.[1000057010009][1000057010010][1000057010011][1000057010012][1000057010013][1000057010022][1000057010023]
The document emphasizes that procedural irregularities are assessed on the touchstone of prejudice or substantial compliance, akin to provisions in general laws where errors, omissions, or irregularities do not vitiate proceedings without failure of justice or unfair hearing.[1000057010012][1000057010013] (!) (!) (!) Courts/Tribunals must examine if non-supply affected the outcome; absent prejudice, the order stands. (!) (!) In the facts here, no prejudice was shown, as the delinquent filed a show-cause reply without complaint over the report's absence.[1000057010023]
JUDGMENT
B.N. Agrawal, J.-Judgment passed by a Division Bench of the Allahabad High Court in a writ application dismissing the same has been challenged in this appeal whereby order passed by Uttar Pradesh Public Services Tribunal quashing order of dismissal of the respondent No. 1 from service has been upheld.
2. Respondent No. 1-Harendra Arora (hereinafter referred to as the respondent ), who was temporarily appointed in the year 1960 as Assistant Engineer in the Irrigation Department of the Uttar Pradesh Government, was confirmed on the said post and in the year 1963 he was promoted as Executive Engineer. On 31.3.1970 the respondent was served with a chargesheet by the Administrative Tribunal incorporating therein various irregularities committed by him with regard to the purchase of goods while he was posted as Executive Engineer at the concerned station, requiring him to submit his explanation relating thereto which was duly submitted. Upon receipt of the show cause, full-fledged enquiry was conducted whereafter the Administrative Tribunal submitted its report to the State Government recording a finding therein that the charge was substantiated and recommending dismissal of th
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