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RAJESH SINGH CHAUHAN
Sushil Kumar Shukla – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
RAJESH SINGH CHAUHAN, J.
1. Heard Sri Upendra Nath Mishra, learned Senior Advocate, assisted by Sri Alok Kumar Tripathi, learned counsel for the petitioner and Sri Prashant Singh Atal, learned Chief Standing Counsel-I for the State-opposite parties.
2. By means of this petition, the petitioner has prayed following reliefs:
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pass appropriate order for restoring the pay scale of petitioner, which would have been applicable to the petitioner in absence of impugned order dated 30.8.2006 and thereafter pay regular salary accordingly.
(iii) to issue a writ, order or direction in the nature of Mandamus directing the respondents to pay arrears of salary after restoring it to the level it would have been in absence of impugned order dated 30.8.2006.
(iv) to pass such other order or direction, which this Hon'ble Court deems it fit and proper under the circumstances of the case.
(vii
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.
The dismissal of an employee is invalid if the enquiry does not adhere to procedural fairness, specifically failing to fix a date, time, and place for oral enquiry.
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....
A valid departmental inquiry requires adherence to procedural safeguards, including the establishment proving charges through evidence, or it is deemed invalid.
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
The failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
The court established that an oral inquiry is essential in disciplinary proceedings, and its absence violates natural justice, invalidating any resultant punishment.
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