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MANISH KUMAR NIGAM
Sangeeta Devi – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Panchayat Raj Civil Sectt. Lko – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.
2. This writ petition has been filed for following relief:-
3. Brief facts of the case are that the petitioner was elected as a Pradhan of Gram Panchayat, Post-Arakha, Block & Tehsil- Unchahar, District- Raebareli. Certain complaints were made by the villagers, namely, Sunil Kumar son of Mewa Lal, Rakesh Kumar son of Late Ram Nath against the petitioner to the District Magistrate, Raebareli alleging therein the misappropriation of public money by the petitioner in carrying out the development work. The complaint made against the petitioner was got enquired by District Magistrate, Raebarel
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.
The main legal point established in the judgment is the mandatory compliance with procedural requirements for initiating the removal and disqualification of an elected member of the Panchayat, includ....
The court affirmed that the District Magistrate has the authority to cease a Pradhan's powers pending inquiry, and that the preliminary inquiry process does not necessitate the Pradhan's involvement.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
Disciplinary inquiry under 1999 Rules vitiated without oral hearing opportunity to delinquent, even absent proposed witnesses by either side, as implicit in rules for natural justice compliance.
Procedural fairness is essential in disciplinary actions; failure to follow prescribed inquiry procedures renders termination invalid.
Point of law: Whenever an inquiring authority is to be appointed for conducting enquiry under the said rules, they are also requested to bring these instructions to the notice of their subordinates f....
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....
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