J. J. MUNIR
Santosh Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
The petitioner, a Class IV employee, a Peon in the Establishment of the District Treasury, Budaun, is aggrieved by an order dated 31.07.1993 passed by the District Magistrate, Budaun, terminating his services after disciplinary proceedings, and the appellate order dated 13.02.2014, passed by the Commissioner, Bareilly Division, Bareilly, dismissing his departmental appeal and affirming the order of the District Magistrate.
2. The petitioner was appointed as a Class IV employee (Peon) with the District Treasury, Budaun in the year 1975 by the District Magistrate, Budaun. He was, later on, confirmed in service. Upon the establishment of a sub-treasury at Ujhani, District Budaun, the petitioner was transferred from headquarters to the sub-treasury at Ujhani on 09.12.1989. It is the petitioner’s case that after rendering a few years of service at Ujhani, the Sub Treasury Officer[‘STO’ for short] passed an order dated 08.11.1991, providing that the petitioner will discharge all duties at the sub-treasury relating to drawing up of accounts, pension vouchers, clearance of bills, all of which he would do as in the past, under the STO’s oral directions. The petitioner says he was a
The main legal point established in the judgment is the requirement for a formal inquiry in matters involving the imposition of a major penalty, with the burden of proof on the Establishment to produ....
The inquiry proceedings must adhere to the principles of natural justice, including the requirement to lead oral evidence and conduct a fair inquiry.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
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....
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
The main legal point established in the judgment is that the failure to conduct a proper departmental enquiry, especially in cases involving major penalties, violates the principles of natural justic....
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.
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