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AJIT KUMAR
Pramod Kumar Paswan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Adya Prasad Tewari, learned counsel for the petitioner, Sri Ashok Kumar Tiwari, learned counsel for the respondent Nos. 2 and 3 and learned Standing Counsel for the State-respondents.
2. Petitioner who was duly appointed and working in institution as Class IV employee was subjected to disciplinary proceedings with the issuance of the charge-sheet dated 26.12.2012 leveling as many as six charges to which petitioner did submitted reply on 10.7.2013. The enquiry report was submitted by the Enquiry Committee on 29.6.2013 and, thereafter, it appears that Committee of Management proceeded to adopt resolution considering the enquiry report and possible action on that basis. In its resolution adopted by the Committee of Management on 28.7.2013, it accepted the enquiry report and on the basis of findings returned by the Enquiry Committee, proceeded to resolve to dispense with his services by way of punishment and so the consequential order came to be issued by the Manager of the Institution on 21.7.2013. Papers were forwarded to the District Inspector of Schools who disapproved the action of Committee of Management on the ground that the powers to dispens
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 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 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 court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
The necessity for the employer to discharge their burden before the Inquiry Officer by leading documentary as well as oral evidence to prove the charges, particularly in cases likely to lead to the i....
oral inquiry is a serious flaw which can vitiate the order of disciplinary proceeding including the order of punishment
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