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

2017 Supreme(All) 2811

SUDHIR AGARWAL, MUKHTAR AHMAD
Pramod Kumar Singh Sishodia – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant :U.K. Saxena, J.P. Singh, V.K. Singh, Vishnu Kr. Srivastava, Advocates
For the Respondent:N. Mishra and O.P. Singh, Advocate

ORDER :

1. Punishment order of dismissal and recovery dated 29.03.2006 passed by Managing Director, U.P. Cooperative Federation Limited is under challenge.

2. It is contended that petitioner received a charge-sheet dated 13.06.2005, pursuant whereof a departmental inquiry proceeded. However, relied on documents were not supplied to petitioner. Petitioner submitted reply to charge-sheet on 11.12.2005 denying all the charges. Inquiry Officer thereafter submitted inquiry report on 20.12.2005 which shows that no oral inquiry at all was conducted and only on the ground, since petitioner has not submitted reply to charge-sheet, charges were treated "proved".

3. Disciplinary Authority thereafter issued a show cause notice on 21.12.2005 along with inquiry report dated 20.12.2005 and thereafter punishment orders dated 20.02.2006 was passed imposing punishment of dismissal as also recovery.

4. Learned counsel for petitioner has assailed entire proceedings mainly on the ground that though major penalty of dismissal has been imposed but no oral inquiry was conducted before holding the charges proved and hence, entire proceedings are vitiated.

5. We find force in the substance.

6. In Meenglas Tea E









































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