SAURABH SRIVASTAVA
Zuhair Alam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH SRIVASTAVA, J.
1. Heard Sri Samarath Singh, learned counsel for the petitioner, Sri Purushottam Mani Tripathi, learned counsel for the respondent nos. 4 and 5 and learned Standing Counsel for the State-respondent nos. 1 to 3.
2. The present petition has been filed seeking the following relief:
2. Issue a writ order or direction in the nature of certiorari calling for the records of the case and quash the resolution dated 25.10.2009 passed by the respondent no. 4 the committee of Management of the institution.
3. Issue a writ order or direction in the nature of certiorari calling for the records of the case and quash the enquiry report submitted by the respondent no. 6 the Enquiry Committee.
4. Issue a writ order or direction in the nature of mandamus commanding the respondents to reinstate the petitioner in service not to interfere in the peaceful working of the petitioner as an Assistant Teacher “Tahtaniya” in Madarsa Darul Uloom Faize Mohammadi, Hathiagarh, Dis
Procedural compliance with Regulations 35 to 37 of the U.P. Intermediate Education Act is essential in conducting inquiry proceedings and issuing termination orders.
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.
Disciplinary proceedings must adhere to natural justice principles, including providing notice and opportunity to defend, to ensure validity; failure to do so renders the proceedings void.
The court established that employees have a right to receive the enquiry report and participate in the enquiry, which are essential for a fair disciplinary process.
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