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PRAKASH SINGH
Anand Kumar Asthana – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Lko. – Respondent
JUDGMENT :
(Shree Prakash Singh, J.)
1. Heard Sri Shishir Jain, learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned Chief Standing Counsel, Sri Pankaj Patel, learned Additional Chief Standing Counsel for the State and Sri Ajay Kumar Singh, for Varanasi Development Authority, Varanasi.
2. Under challenge is the impugned punishment order dated 24-08-2023 passed by the opposite party no. 1 and the charge no. 1 of the chargesheet dated 28-12-2021.
3. The factual matrix of the case is that the petitioner was appointed as Junior Engineer on daily wage basis in Lucknow Development Authority on 01-01-1988 and thereafter, his services were regularized and he was transferred to Varanasi Development Authority, Varanasi(hereinafter referred to as, 'VDA'). When the petitioner was posted as Junior Engineer Enforcement (Nagwan Ward) surprisingly, on 21- 07-2021, inspection of various roads in Nagwan Ward was conducted by the Vice Chairman, VDA and allegedly, unauthorized building constructions were found in progress and thereafter, a show cause notice dated 22-07-2021, was issued to the petitioner and the petitioner submitted reply to the show cause notice, on 28-07-2021. Thereaft
The court reaffirmed that the right to a fair hearing and the provision of all relevant evidence to a charged employee are fundamental to lawful disciplinary proceedings, as mandated by Article 311(2....
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
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....
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