IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SUDHIR AGARWAL, RAJEEV MISRA, JJ.
Kailash Chand – Appellant
Versus
State Public Service Tribunal Indra Bhawan Lucknow and others - Respondents
Civil Misc. Writ Petition No. 44213 of 2017
Decided on : 09-05-2022
Constitution of India, 1950 - Article 226 - U.P. Police Constables/Head Constable Service Rules, 2008 - Rule 20(3) - U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991- Rule 20, 14 - Police Act, 1861 - Section 46, 2 - Police Regulations – Regulation 541 – Disciplinary Authority – Offence Punishable – Probation – Major penalty – Procedure for conducting departmental proceedings – Copy of inquiry report – Violation of principles – Natural justice – Present writ petition under Article 226 of Constitution of India has been filed challenging judgment and order passed by respondent, State Public Services Tribunal, in Claim Petition, whereby Tribunal has dismissed above mentioned Claim Petition filed by Petitioner – Held, Court are of considered opinion that any punishment awarded on basis of an enquiry not conducted in accordance with enquiry rules meant for that very purposes is unsustainable in eye of law – Court are further of view that procedure prescribed under inquiry rules for imposing major penalty is mandatory in nature and unless those procedures are followed, any outcome inferred thereon will be of no avail unless charges are so glaring and un refutable which does not require any proof – Petition Allowed.
JUDGMENT :
By the Court.-Present writ petition under Article 226 of Constitution of India has been filed challenging judgment and order dated 13.2.2017 passed by respondent-1, State Public Services Tribunal, Lucknow (hereinafter referred to as ''Tribunal'') in Claim Petition No. 1716 of 2014 (Kailash Chand v. State of U.P. and others), whereby Tribunal has dismissed above mentioned Claim Petition filed by Petitioner, Kailash Chand (hereinafter referred to as ''Petitioner'').
2. Perusal of record shows that petitioner applied for the post of Constable in Civil Police U.P. in the year 1999. After passing physical, written and medical examinations, he was declared successful and placed at Sl. No. 270 in the Select List. Accordingly, Petitioner was sent for departmental training at Police Lines, Sitapur as Recruitee Constable.
3. While undergoing training as Recruitee Constable at Police Lines, Sitapur, petitioner absented from the training session on 4.4.2011, 27.9.2011 and 28.9.2011, respectively. Absence of petitioner in training session on above noted three dates, respondent-6, Superintendent of Police, Sitapur issued show-cause notice dated 30.9.2011 to Petitioner asking him to show-cause as to why he may not be dismissed from service in terms of Rule 20(3) of U.P. Police Constables/Head Constable Service Rules 2008 as Amended in 2009 (hereinafter referred to as ''Rules of 2008''). Petitioner submitted reply dated 1.10.2011 to show-cause notice dated 30.9.2011 and thereafter, Disciplinary Authority i.e. respondent-6, Superintendent of Police, Sitapur thereafter passed order dated 29.10.2011 in terms of Rule 20 (3) of U.P. Police Constables/Head Constables Service Rules 2008 (Amended 2009) dismissing petitioner from service.
4. A perusal of order dated 29.10.2011 shows that since reply submitted by petitioner to show-cause dated 30.9.2011 was not found satisfactory, Petitioner, a probationer, was dismissed from service as per mandate of Rule 20 (3) of Rules, 2008 as amended in 2009.
5. Aggrieved by dismissal order dated 29.10.2011, petitioner preferred an appeal under Rule 20 of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as ''Rules 1991'') before Appellate Authority.
6. Respondent No. 5, i.e. Additional Director General/Inspector General, Lucknow Zone, Lucknow vide order dated 3.12.2012 has dismissed appeal. Thereafter, Petitioner preferred Revision in terms of Rule 23 of Rules 1991 challenging termination order dated 29.10.2011 as well as appellate order dated 3.12.2012, which is also dismissed by Revisonal Authority i.e. respondent-4, the Inspector General/DIG, Lucknow Region Lucknow, vide order dated [11.3.2004]1.
7. Aggrieved by order dated [11.3.2004]1 passed by Revisional Authority i.e. respondent-4, order dated [29.10.2011]1 passed by Appellate Authority, i.e. respondent-5 and order dated [29.10.2011]1 passed by Disciplinary Authority i.e. respondent-6, Petitioner filed Claim Petition No. 1716 of 2014 (Kailash Chand v. State of U.P. and others) before Tribunal Lucknow. Claim Petition came to be dismissed by Tribunal vide judgment and order dated 13.2.2017.
8. Thus feeling aggrieved by judgment and order dated 13.2.2017 passed by Tribunal as well as orders dated [11.3.2014]1 passed by Revisional Authority i.e. respondent-4, order dated 3.12.2012 passed by Appellate Authority, i.e. respondent-5 and order dated [29.10.2011]1 passed by Disciplinary Authority i.e. respondent-6, Petitioner has now approached this Court by means of present writ petition under Article 226 of Constitution of India.
9. Tribunal while dismissing claim petition filed by Petitioner concluded that services of Petitioner was terminated by placing reliance upon Rule 20(3) of Rules, 2008 as amended in 2009 which is perfectly just and legal. Tribunal further concluded that contention raised on behalf of Petitioner that he was unwell and therefore could not participate in training sessions on three days c
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SupremeToday
oral inquiry is a serious flaw which can vitiate the order of disciplinary proceeding including the order of punishment
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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