Back
RAJESH SINGH CHAUHAN
Rameshwar Kumar Mishra – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Irrigation And Water Resources Lko. – Respondent
JUDGMENT :
Hon'ble Rajesh Singh Chauhan, J.
1. Heard Sri Gaurav Mehrotra, learned counsel assisted by Ms. Rani Singh and Ms. Maria Fatima, learned counsel for the petitioner and Sri Sandeep Sharma, learned Standing Counsel for the State.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
(II) to issue a writ, order or direction in the nature of mandamus commanding the Respondents to reinstate the petitioner on the post on which he was working prior to the passing of the impugned punishment order dated 15.05.2024, with all consequential benefits including the arears of difference in salary from the date of passing of impugned punishment order till date of actual reinstatement on the post of Superintending Engineer.
(III) to issue a writ, order or direction in the nature of mandamus commanding Respondents to consider promotion of petitioner from the post of Superintending Engineer to Chief Engineer (Level-II) with effect from the date wh
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
The main legal point established in the judgment is the importance of following the principles of natural justice in disciplinary proceedings, including giving the delinquent officer an opportunity t....
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
