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J. J. MUNIR
Ashok Kumar Gautam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
This writ petition has been instituted challenging the order dated 14.6.2021 passed by the Managing Director, Kanpur Electric Supply Company Limited, 14/71, Civil Lines, KESA House, Kanpur holding the petitioner guilty after disciplinary proceedings and awarding him the punishment of withholding two increments with cumulative effect, besides recovery of a sum of Rs. 2,09,138.40/-. Also under challenge is the appellate order dated 5.4.2023 passed by the Chairman, Uttar Pradesh Power Corporation Limited, Lucknow passed on the petitioner's departmental appeal whereby the Chairman has rejected the appeal and enhanced the penalty awarded to withholding of three increments with cumulative effect and maintaining the recovery ordered by the Disciplinary Authority.
2. The facts giving rise to this petition are that the petitioner was appointed as an Assistant Engineer in the employ of the Uttar Pradesh Power Corporation in the year 1999. He was promoted to the post of Executive Engineer on 8.6.2008 and posted with the Electricity Distribution Division, Vikas Nagar, Kanpur Electricity Supply Company Limited, Kanpur Nagar (for short, 'the KESCo'). He worked on the said
In disciplinary proceedings, the employer must prove charges through evidence, including witness testimonies, especially when imposing major penalties, to ensure adherence to principles of natural ju....
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....
The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
The establishment has the burden of proving the charges against the delinquent employee by leading oral evidence, in addition to documentary evidence, in a disciplinary inquiry that may result in the....
The main legal point established in the judgment is the obligation of the establishment to produce witnesses and documentary evidence to prove charges in a departmental enquiry, especially in cases t....
The main legal point established in the judgment is the requirement for procedural fairness in disciplinary proceedings, including the need for the establishment to prove charges through evidence, bo....
Disciplinary inquiries must adhere to procedural safeguards, including the presentation of evidence, especially in cases involving major penalties.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
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