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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
State of U. P. – Appellant
Versus
Rakesh Jain – Respondent
JUDGMENT :
Om Prakash Shukla, J
The instant writ petition under Article 226 of the Constitution of India has been filed by the State authorities/petitioners, challenging the correctness of the judgment and order dated 21.8.2014 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as 'the Tribunal'), whereby the Tribunal, while allowing the Claim Petition No. 234 of 2012 and quashing the order of punishment dated 23.3.2010 and appellate order dated 22.2.2012, has directed the petitioners/State to decide the matter of salary and other benefits admissible to the respondent No. 1/employee for the period 7.5.2005 to 23.3.2010 in accordance with rules within three months from the date of receipt of a certified copy of the order.
2. The facts of the case, succinctly, stated are that the respondent No. 1/employee was appointed as Punch Operator in the year 1985 and joined as such in the office of Deputy Commissioner (E), Commercial Tax, Moradabad, on 15.6.1985. Apparently, when the respondent No. 1/employee was posted as Computer Operator, he proceeded on Casual Leave w.e.f. 13.10.1999 to 19.11.1999 on account of certain unavoidable family problems and on account of
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and cross-examination, or they may be deemed invalid.
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
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 ....
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
Service Law – Setting aside of punishment imposed justified - Objective of reasons to be recorded under Rule 9(4) mandatory if not recorded is fatal
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
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