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SAUMITRA DAYAL SINGH, ANISH KUMAR GUPTA
Jai Mangal Ram – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Shivam Pandey learned counsel holding brief of Sri Rahul Chaudhary learned counsel for the petitioner and Sri Piyush Srivastava learned Standing Counsel for the State.
2. The present petition has been filed challenging the impugned orders dated 07.05.2012, 25.09.2012, 29.05.2012 and also challenging the order dated 11.01.2016 passed by the U.P. State Public Service Tribunal in Claim Petition No. 1245 of 2013 and also order dated 29.05.2017 whereby the review petition filed by the petitioner has been rejected.
3. The brief facts of the instant case are that the petitioner herein was working as a constable in the Police Line, Varanasi. The allegation against the petitioner is that he misbehaved with his senior officer, Mr. Devi Dayal, being in an intoxicated condition, for which the complaint was made against him and he was placed under suspension and the following charge was framed against him.
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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 ....
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
The right to receive the enquiry report and a second show-cause notice is a fundamental aspect of the principles of natural justice in disciplinary proceedings, and failure to provide these rights in....
Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary pr....
The absence of a witness list in a disciplinary charge memo violates procedural fairness, rendering the proceedings invalid, necessitating adherence to natural justice principles.
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