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RAJESH SINGH CHAUHAN
Arun Kumar Singh – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home Guards Lko. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard.
2. Though this Court allowed the amendment application of the petitioner vide order dated 29.08.2024 but the amendment has not been incorporated at appropriate place, therefore, learned counsel for the petitioner is permitted to incorporate the amendment at appropriate place indicating the date of the impugned order and the annexure number thereof properly, during the course of day.
3. This Court has passed the order dated 22.08.2024,which reads as under:-
2. By means of this petition, the petitioner has prayed following main reliefs:-
"1. Issue a writ order or direction in the nature of certiorari quashing the impugned suspension order dated 15.12.2022 passed by respondent no.2 on the recommendation of the respondent no.3 and impugned charge sheet dated 20.01.2023 issued by the respondent no.1 on the recommendation of the respondent no.3 against the petitioner (Annexure No.1 & 2 to the writ petition.)
2. Issue a writ order or direction in the nature of mandamus commanding the responde
The disciplinary authority must independently decide on inquiry reports without external influence, as mandated by the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
Disciplinary authority cannot order de novo inquiry on same charges after first inquiry report without following Rule 9 procedure of remitting for further inquiry or providing report with disagreemen....
The court established that adherence to procedural fairness and the principles of natural justice is essential in disciplinary inquiries against government servants, particularly the requirement to p....
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
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