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SAUMITRA DAYAL SINGH, DONADI RAMESH
Karamveer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Vinod Kumar Mishra, learned counsel for the petitioner and Shri Virendra Prasad, learned Standing Counsel for the revenue.
2. The present petition has been filed against the order of the State Public Service Tribunal, Lucknow dated 23.10.2020 passed in Claim Petition No. 1945 of 2014 (Karamveer Singh v. State of U.P. and others). By that order of the Tribunal has dismissed the claim petition and thus confirmed the penalty order dated 12.8.2012, the appeal order dated 27.11.2012 and revisional order dated 12.3.2013. Thus, the penalty of dismissal from service of the petitioner-Constable in the civil police, has been confirmed.
3. Vide charge-sheet dated 1.6.2011, the petitioner was charged with the following misconduct:
4. Alongwith the charge-sheet list of 11 witnesses was disclosed. At the domestic inquiry, those witnesses were examined. However, other than Arvind Kumar Trivedi all witnesses disclosed that they learnt about the occurrence from third persons/other sources. The Circle Officer Arvind Kumar Mishra at whose residence the alleged misconduct was attributed to the petitioner, was not an eye-witness. He supported the charge-sheet on the strength of fac
Disciplinary proceedings must be based on specific charges; vague allegations violate natural justice and invalidate the proceedings.
The central legal point established in the judgment is the requirement of evidence to prove charges in a disciplinary proceeding, the need for adherence to natural justice principles, and the entitle....
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and the requirement for oral evidence. Failure to comply renders the proceedings and resul....
(1) Dismissal – [Departmental charge-sheet is not a plaint that an evasive reply thereto may amount to admission – In a departmental enquiry, unless charge is admitted, burden to prove charge lies on....
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