PRAKASH PADIA
Sanoj Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Prakash Padia, J.-Heard Sri Anand Tiwari, learned counsel for petitioner and learned Standing Counsel for the respondent-State.
2. The petitioner has preferred the present writ petition inter alia with the following prayer :
Issue a writ, order or direction in the nature of mandamus commanding the authority concern to pay the subsistence allowances to the petitioner for his suspension period i.e. 14.10.2022 to 30.12.2023.''
3. Facts in brief as contained in the writ petition are that the petitioner was initially appointed as a 'Dresser' in Animal Husbandary Department on 28.7.2004 and subsequently, promoted on the post of Pashudhan Prasar Adhikari' on 3.1.2017. After 18 years of service, one stranger made a compliant against the petitioner with regard to the qualification and certificates of High School submitted by the petitioner at the time of his joining. On the basis of the alleged compliant, a preliminary inquiry was initiated against the petitioner. The petitioner was suspended on 14.10.2022 and the charge-sheet
Ministry of Finance and another v. S.B. Ramesh
Radhey Kant Khare v. U.P. Cooperative Sugar Factories Federation Ltd.
State of U.P. and others v. Saroj Kumar Sinha
Disciplinary proceedings must adhere to procedural rules and principles of natural justice, ensuring the charged employee has the opportunity to defend themselves.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
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 valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
Disciplinary proceedings against government employees must adhere to procedural rules and principles of natural justice; failure to do so, especially with unexplained delays, renders the inquiry inva....
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.
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
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