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J. J. MUNIR
Janardan Prasad Dwivedi – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(J.J. Munir, J.)
1. This writ petition is directed against an order of the State Government dated 19.06.2024 made by the Principal Secretary, Geology and Mining Department, Government of U.P., Lucknow, directing further inquiry against the petitioner under Rule 9 of the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999 (for short, 'the Rules of 1999').
2. The petitioner was suspended pending inquiry into charges, inter alia, about not presenting mining and transport files in time before the Officer concerned, not complying with the orders of the former District Magistrate promptly and being lax in securing execution of his orders, engaging in illegal mining, transport and amassing wealth by illegally collecting moneys with the connivance of close relatives and associates; and, above all, in conspiracy with active touts, permitting transport of minerals without the necessary MM Form 11, as also passage of overloaded transport vehicles. In course of time, a charge-sheet dated 30.08.2022/ 01.09.2022 was issued by the Inquiry Officer to the petitioner, to which he submitted a reply dated 07.10.2022. A supplementary charge-sheet dated 02.01.2023 was then issu
The authority must provide clear, substantiated reasons for rejecting inquiry reports, adhering to procedural guidelines to ensure fairness in disciplinary proceedings.
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 failure to follow prescribed inquiry procedures and principles of natural justice invalidates disciplinary actions against government servants.
The mandatory nature of the procedure under Rule 7 of the Rules of 1999 in disciplinary proceedings and the requirement to adhere to natural justice principles.
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.
In disciplinary inquiries for major penalties, the establishment must present evidence and examine witnesses; failure to do so violates principles of natural justice.
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.
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.
It is open for the inquiry authority in its discretion to allow the presenting officer to produce evidence not included in the list given to the government servant or the inquiry authority may itself....
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