DIPAK MISRA, N.V.RAMANA
UNION OF INDIA – Appellant
Versus
R. P. SINGH – Respondent
Certainly. Based on the provided legal document, here are the key points:
The advice of the Union Public Service Commission (UPSC) must be furnished to the delinquent employee before any punishment is imposed. This is a principle of natural justice that ensures fair opportunity for the employee to respond to the advice received (!) (!) .
When the UPSC's advice is sought and accepted, it is mandatory to communicate this advice to the employee prior to finalizing the punishment, allowing the employee to make a representation (!) .
The relevant rules specify that a copy of the UPSC's advice, along with the order passed, should be provided to the government servant. This facilitates transparency and the opportunity to respond (!) .
The legal framework emphasizes that the principles of natural justice require the employee to be given an opportunity to rebut or comment on the advice before any disciplinary action is finalized (!) (!) .
The decision clarifies that non-supply of the UPSC advice before imposition of punishment can be a violation of natural justice, especially when the advice is relied upon in the disciplinary proceedings (!) .
Recent procedural guidelines have been issued to ensure that the process of seeking, examining, and communicating the UPSC advice is transparent and provides adequate opportunity for the employee to respond (!) (!) .
The courts have held that the failure to communicate the UPSC advice in a timely manner can lead to the order of punishment being set aside, and the disciplinary proceedings may need to be reassessed with the employee being given a chance to make a representation (!) .
Overall, the legal principles reinforce that fairness in disciplinary proceedings necessitates that the employee is informed of the advice received from the UPSC before any final decision on punishment is made, ensuring the employee's right to a fair hearing is upheld (!) .
Please let me know if you need a more detailed explanation or specific legal advice.
JUDGMENT
Dipak Misra, J.
Calling in question the legal defensibility of the judgment and order dated 19.01.2007 passed by the High Court of Delhi in W.P.(C)No.16104 of 2004 whereby it has annulled the judgment and order dated 28.06.2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short “the tribunal”) in O.A.No.1977 of 2003 and the order dated 19.08.2004 declining to entertain the review, the present appeal has been preferred by special leave.
2. The respondent while serving as an Assistant Engineer (Civil) in the Central Public Works Department (CPWD) was proceeded in a departmental proceeding in respect of two charges which read as follows:
"(a) 540 bags of cement were got issued for the above stated work from the Central Stores on 31.3.97. The said Shri R.P.Singh allowed Shri N.K.Sarin, Junior Engineer to issue 89 bags of cement within 24 hours of receipt of the cement from the Central Stores without giving any written permission to the Junior Engineer and without authenticating the said issue of cement, thereby violating the instructions contained in Para 3(d) of memorandum No.DGW/CON/67 dated 6.5.94.
(b) Out of the above stated lot of 540 bags of
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