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AJIT KUMAR
Amar Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. termination of employee due to whatsapp message. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on violation of natural justice. (Para 17 , 18 , 19 , 20 , 21) |
| 3. court's analysis on procedural compliance. (Para 23 , 24 , 29 , 30 , 32) |
| 4. proportionality of punishment considered. (Para 40 , 41 , 43 , 45) |
| 5. writ petition allowed; reinstatement ordered. (Para 74 , 76) |
JUDGMENT :
(Ajit Kumar, J.) :
Heard Sri Anil Kumar Mehrotra, learned counsel for the petitioner and Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri R.D. Mishra, learned Standing Counsel for the State respondents.
2. Petitioner, who was working as Additional Private Secretary in the State Secretariat of U.P. has prayed for a writ of certiorari for quashing the order dated 7th September, 2020 passed by the respondent No. 2 terminating him from service.
3. Briefly stated facts are that petitioner had a Whatsapp group with is Mobile No. 9454410505 as an administrator. He claimed to have received a message on 6th July, 2018 on aforesaid mobile that ''UGC ds fu;e ls vkschlh vkSj nfyrksa ds fy, njokts
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Inadequate inquiry procedures and disproportionate sanctions highlight the need for strict adherence to rules ensuring fairness in disciplinary actions against government employees.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
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 ....
Fairness in disciplinary proceedings requires adherence to natural justice, and actions unsupported by adequate evidence are not sustainable.
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
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