IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
AMAR BABU SRIVASTAVA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 22078 Of 1999
Decided On : 09/13/1999
DISMISSAL FROM SERVICE - NATURAL JUSTICE - ENQUIRY - PUNISHMENT - PROPORTIONALITY - JUDICIAL REVIEW - LIMITED JURISDICTION - NO INTERFERENCE - DISMISSAL UPHELD.
Fact of the Case:
The petitioner, a Junior Division Clerk in the National Cadet Corps (NCC), was dismissed from service following an enquiry into charges of indiscipline, misbehaviour, and assault. He challenged the dismissal order, arguing that the charges were false and fabricated, the enquiry was conducted in violation of the principles of natural justice, and the punishment was disproportionate to the gravity of the charges.
Finding of the Court:
The court found that the petitioner had been given a full and fair opportunity to defend himself in the enquiry, that the charges against him had been established by sufficient evidence, and that the punishment of dismissal was not disproportionate to the gravity of the charges.
Issues: 1. Whether the enquiry was conducted in violation of the principles of natural justice? 2. Whether the charges against the petitioner were established by sufficient evidence? 3. Whether the punishment of dismissal was disproportionate to the gravity of the charges?
Ratio Decidendi: 1. The court held that the petitioner had been given a full and fair opportunity to defend himself in the enquiry, and that there was no violation of the principles of natural justice. 2. The court found that the charges against the petitioner had been established by sufficient evidence. 3. The court held that the punishment of dismissal was not disproportionate to the gravity of the charges, considering the petitioner's past record of indiscipline and misconduct.
Final Decision: The court dismissed the petition, upholding the dismissal order.
( 1 ) THE petitioner Amar Babu Srivastava was Junior Division Clerk in 16-U. P. Bn. N. C. C. , allahabad In the year 1987. It appears that he proceeded on medical leave. He was transferred to 101 U. P. Bn. N. C. C. , Mirzapur and since the petitioner was not available for service of the transfer order, it was published on 31. 5. 1987 in the Hindi news daily amrit Prabhat. The petitioner instituted Civil Misc. Writ Petition No. 10824 of 1987 to challenge the order of transfer. The said writ petition was disposed of by order dated 24. 4. 1997, a copy of which is annexure-1 to the writ petition. The relevant portion of the order is extracted as below :
"petitioner is a Junior Division Clerk in N. C. C. which is transferable post and hence this Court cannot interfere in the transfer matter because transfer is an exigency of Government. However, I am informed that the petitioner is not being permitted to join either at Mlrzapur or Allahabad. I direct the authorities concerned to give the petitioner a posting within a month of production of certified copy of this order before him. "
The petitioner was not allowed to join as a reference was made to the State Government. He filed a Contempt Petition No. 2201 of 1997 to enforce the order dated 24. 4. 1997, quoted above. On the contempt petition a notice was issued on 18. 9. 1997 requiring Brig. A. K. Pande. Deputy director General. National Cadet Corps, Ashok Marg, Lucknow, to appear before the Court to show cause why he should not be punished for disobedience of the orders of this Court. It was further directed that in case he complies with the order dated 24. 4. 1997, he need not appear in person.
( 2 ) THE petitioner was allowed to join his duties on 22. 10. 1997. He was not paid salary and consequently the petitioner was driven to file another Writ Petition No. 2673 of 1998, which was disposed of by this Court vide order dated 27. 1. 1998, a copy of which is Annexure-3 to the writ petition. The material portion of the order is as follows :
"this writ petition is finally disposed of with direction that the respondent No. 2 shall himself look into the matter and pass appropriate orders for release of salary to the petitioner if the petitioner has remained in service throughout this period, and also release the salary forthwith in respect of the period from 22. 10. 1997, on which date he was allowed to join at Mirzapur, till date. He shall pass speaking and reasoned orders within 45 days from the date of production of a certified copy of this order. In case it is found by him that the petitioner is not entitled to salary for the period 1987 to 21. 10. 1997, he shall specially give reasons and the grounds on the basis of which privilege of salary is denied to the petitioner. "
In order to enforce the order aforesaid, the petitioner had to file a Contempt Petition No. 638 of 1998, on which a notice was issued to the respondents.
( 3 ) ON 22. 1. 1998 the petitioner was placed under suspension on account of his involvement in case crime No. 66 of 1998 under Section 332/353/325/323/504/506, I. P. C. , P. S. Kotwali Katra, mirzapur. Certain other allegations of misbehaviour, insubordination and indiscipline were also made the basis to suspend the petitioner. The F. I. R. was lodged against the petitioner by Aditya nath Misra a Senior Clerk in the office in which the petitioner was working. A charge-sheet dated 6. 3. 1998. Annexure-6 to the petition, was delivered to the petitioner. A notice was Issued to the petitioner on 7. 9. 1998, Annexure-7, to show cause why he should not be dismissed from service. The reply submitted by the petitioner to the show cause notice is dated 20. 9. 1998. Annexurc-8. By order dated 27. 10. 1998, Annexure-9, the petitioner was dismissed from service by Sri S. K. Prusty. Lt. Col. Commanding Officer. The order of dismissal was challenged by the petitioner by filing Civil Misc. Writ Petition No. 3203 of 1999. The said writ petition was dismissed on 19.
REFERRED TO : State of Punjab v. Surjit Singh Conductor
State of A.P. v. Chitra Venkata Rao
Nelson Motis v. Union of India
Government of Tamil Nadu v. A. Rajapanadian
Rae Bareilly Kshetriya Gramin Bank v. Bhola Nath Singh
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