Back
J. J. MUNIR
Gajendra Singh – Appellant
Versus
U. P. Power Corporation Limited – Respondent
JUDGMENT :
1. The petitioner is a Junior Engineer in the service of the U.P. Power Corporation Limited, Lucknow. The petitioner was served with a charge-sheet on 25.06.2019 issued by an inquiry committee constituted by the U.P. Power Corporation carrying three charges for the period of time that he was posted as a Junior Engineer with the Electricity Urban Distribution Division, Farrukhabad. The charges against the petitioner, carried in the charge-sheet, read:
2. The petitioner submitted his reply dated 25.06.2019 to the charge-sheet, submitting amongst others that the estimate for construction of the then proposed feeder for the Dr. Ram Manohar Lohia Hospital, Farrukhabad was sanctioned in 2008-09, but the expenses were deposited with the respondent Corporation in 2014. Work commenced during the period when Rakesh Kumar was posted as the Junior Engineer. He never informed the petitioner nor handed over details of the materials issued earlier. The charges were specifically denied with defences in answer to each.
3. The Inquiry Committee proceeded to hold inquiry in utter breach of the salutary principles where no witness was produced or examined on behalf of the establishment to p
The main legal point established in the judgment is the requirement for the establishment to prove charges through oral and documentary evidence, and the necessity of holding a proper inquiry de novo....
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
In cases involving the imposition of a major penalty, the establishment must prove charges by examining evidence, particularly witnesses, and adhere to the principles of natural justice in the domest....
The inquiry proceedings must adhere to the principles of natural justice, including the requirement to lead oral evidence and conduct a fair inquiry.
The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
The main legal point established in the judgment is the requirement for procedural fairness in disciplinary proceedings, including the need for the establishment to prove charges through evidence, bo....
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
The necessity for the employer to discharge their burden before the Inquiry Officer by leading documentary as well as oral evidence to prove the charges, particularly in cases likely to lead to the i....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
