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AJAY MOHAN GOEL
Surender Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
1. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
ii) That the respondents may kindly be directed to reinstate the petitioner in service with all consequential benefits.”
2. Brief facts necessary for the adjudication of the present petition are that a Memo was served upon the petitioner in terms of Annexure P-1, informing him that the Department intended to hold an inquiry against him on the Article of Charges appended therewith. The petitioner was called upon to submit his response thereto within the time frame mentioned in the Memo dated 18.01.2018. The crux of the allegations against the petitioner was that, in the year 2017, when, he was serving as a Driver in the Development Block Rampur, he had violated the orders of the Block Development Officer, dated 26.04.2016, of not consuming liquor on duty and further on 27.04.2017, in the evening hours, he had taken the official vehicle to his residence without permission and had misused the same and had also not filled the Log book. It w
High Court may undoubtedly interfere where departmental authorities have held proceedings against delinquent in a manner inconsistent with rules of natural justice or in violation of statutory rules.
The judgment emphasizes the importance of procedural fairness, the limited scope of judicial review, and the need for evidence to support findings in disciplinary proceedings involving members of dis....
Quasi Judicial Authorities are required to pass reasoned and speaking orders, and minimal reasons must be assigned while disposing of appeals.
The dismissal of a police constable was found unjustified due to lack of evidence and violation of natural justice principles, emphasizing the need for fair inquiry procedures.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The court emphasized the limited scope of judicial review in departmental proceedings, the principles of natural justice, and the requirement for proportionate punishment in disciplinary cases, espec....
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