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AJIT KUMAR
Akshay Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Ajay Kumar Sharma, learned counsel for the petitioner and Ms. Akashi Agrawal, learned Advocate holding brief of Sri Rahul Agrawal, learned counsel for the respondent no.2.
2. The petitioner who has been subjected to disciplinary proceedings under the U.P. State District Court Service Rules, 2013, is aggrieved by the order dated 25.04.2023 passed by the disciplinary authority, namely, the District Judge, Saharanpur, whereby he has remitted the matter to the Enquiry Officer to clarify on certain points by giving a fresh report.
3. Learned Senior Advocate has argued that this amounts to an act of disagreement by the disciplinary authority in matter of finding returned by the enquiry officer and, therefore, he needed to be afforded an opportunity of hearing by the disciplinary authority in the first instance. He submits that in matter of enquiry if supportive findings have come to be referred in favour of the delinquent employee, any disagreement by the disciplinary authority would naturally amount to negating the findings of the Enquiry Officer and, therefore, the delinquent employee is required to be heard.
4. He
The delinquent employee must be afforded an opportunity to be heard before any fresh report is submitted by the Enquiry Officer in disciplinary proceedings.
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
The main legal point established in the judgment is that compliance with the principles of natural justice, specifically providing the charged officer with an opportunity to rebut the findings of the....
The main legal point established in the judgment is that the disciplinary authority must adhere to the principles of natural justice and issue a show-cause notice before imposing a penalty.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
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