Back
AJIT KUMAR
Rubina Iqbal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.-Heard Sri Shivendra Rajwar, Advocate holding brief of Sri Gautam Baghel, learned counsel for the petitioner, Sri Utkarsh Singh, learned counsel appearing on behalf of fifth respondent and learned Standing Counsel for State-respondents and perused the record.
2. Petitioner before this Court is aggrieved by the order of termination of her services dated 17.9.2018 and the basic plea taken is that in spite of the fact that the petitioner was continuing in substantive appointment in the institution as Principal, she was never served at any point of time either with any suspension order, the charge-sheet or was permitted to participate in the alleged enquiry conducted by respondent-Committee of Management. She was even not served with any show-cause notice as to the proposed punishment, nor was given any enquiry report. These pleadings have come to be raised in paragraph-24 of the writ petition to which reply has come to be made in paragraph-23 of the counter-affidavit filed by fifth respondent, who is the Disciplinary Authority in the matter. Thus according to learned counsel for the petitioner, enquiry being de hors the procedure prescribed under Regulat
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
The main legal point established in the judgment is the requirement for procedural fairness and compliance with the principles of natural justice in disciplinary proceedings, including the appointmen....
The court established that employees have a right to receive the enquiry report and participate in the enquiry, which are essential for a fair disciplinary process.
Disciplinary proceedings must adhere to procedural rules and principles of natural justice, ensuring the charged employee has the opportunity to defend themselves.
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 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....
Non-compliance with the rules governing the enquiry procedure and bias on the part of the Management and the Enquiry Committee led to the vitiation of the entire enquiry against the respondent no.3.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
