SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(SC) 2085

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
State of Uttar Pradesh through Principal Secretary, Irrigation Department, U. P. – Appellant
Versus
Rakesh Mohan – Respondent


Advocates Appeared:
For the Appellants : Ms. Charu Singhal, Adv., Ms. Alka Sinha, Adv., Mrs. Rachna Gupta, AOR, Mr. Siddhant S. Malik, Adv.
For the Respondents: Mr. Jabar Singh, Adv., Mr. Vipul Maheshwari, Adv., Nikhar Berry, Adv., For M/s. V. Maheshwari & Co.

ORDER :

1. Though an application for early hearing was listed, regard being had to the narrow compass in which the dispute lies, with the consent of the learned counsel appearing for the parties, the civil appeal is finally heard. The interlocutory application for early hearing stands disposed of.

2. The respondent herein filed a claim petition under Section 4 of the Uttar Pradesh Public Services (Tribunal) Act, 1976 (for brevity, ‘the Act’) challenging the orders dated 21st November, 2001 and 18th March, 2004, by which he was visited with the punishment of censure and withdrawal of two increments for two years temporarily. We need not advert to the allegations made against the respondent and the findings in the inquiry. Suffice it to mention that the respondent raised many a ground before the tribunal including the violation of the principles of natural justice.

3. The tribunal by an order dated 28th November, 2006, came to hold that there was a violation of the principles of natural justice and that apart, there was no basis in the entire inquiry. The inquiry officer did not hold anything about the dishonesty of the respondent and, therefore, the punishment was not justified. The

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top