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DEVENDRA KUMAR UPADHYAYA, SAURABH SRIVASTAVA
Shailendra Kumar Srivastava – Appellant
Versus
State Public Services Court – Respondent
JUDGMENT :
1. These proceedings have been instituted under Article 226 of the Constitution of India assailing the validity of an order dated 12.09.2022 passed by the U.P. State Public Services Tribunal [herein-after referred to as ‘the Tribunal’] whereby Claim Petition No. 642 of 2022 filed by the petitioner has been dismissed. At this juncture itself, we may note that by filing Claim Petition No. 642 of 2022 before the Tribunal, the petitioner had challenged the Order of Punishment dated 13.07.2021 whereby alongwith a censure entry, stoppage of increment for two years with cumulative effect was inflicted upon him.
2. Heard Sri Yogendra Kumar Singh, learned Counsel representing the petitioner and Sri Umesh Chandra, learned Standing Counsel representing the State-authorities. Sri Gaurav Mehrotra, Advocate has been heard for U.P. Subordinate Services Selection Commission.
3. Primary submission of the learned counsel for the petitioner impeaching the order dated 12.09.2022 passed by the Tribunal, which is under challenge herein, is that the Tribunal has failed to appreciate that during the course of disciplinary proceedings drawn against the petitioner which resulted in the punishment or
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
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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